California Code of Civil Procedure

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Part 1 Of Courts of Justice
TITLE 2.  JUDICIAL OFFICERS
Chapter 3 Disqualification of Judges
Sections 170-170.9
 

Chapter 3 Disqualification of Judges
Sections 170-170.9
 

CODE OF CIVIL PROCEDURE
SECTION 170.5

170.5.  For the purposes of Sections 170 to 170.5, inclusive, the
following definitions apply:
   (a) "Judge" means judges of the superior courts, and court
commissioners and referees.
   (b) "Financial interest" means ownership of more than a 1 percent
legal or equitable interest in a party, or a legal or equitable
interest in a party of a fair market value in excess of one thousand
five hundred dollars ($1,500), or a relationship as director, advisor
or other active participant in the affairs of a party, except as
follows:
   (1) Ownership in a mutual or common investment fund that holds
securities is not a "financial interest" in those securities unless
the judge participates in the management of the fund.
   (2) An office in an educational, religious, charitable, fraternal,
or civic organization is not a "financial interest" in securities
held by the organization.
   (3) The proprietary interest of a policyholder in a mutual
insurance company, or a depositor in a mutual savings association, or
a similar proprietary interest, is a "financial interest" in the
organization only if the outcome of the proceeding could
substantially affect the value of the interest.
   (c) "Officer of a public agency" does not include a Member of the
Legislature or a state or local agency official acting in a
legislative capacity.
   (d) The third degree of relationship shall be calculated according
to the civil law system.
   (e) "Private practice of law" includes a fee for service,
retainer, or salaried representation of private clients or public
agencies, but excludes lawyers as full-time employees of public
agencies or lawyers working exclusively for legal aid offices, public
defender offices, or similar nonprofit entities whose clientele is
by law restricted to the indigent.
   (f) "Proceeding" means the action, case, cause, motion, or special
proceeding to be tried or heard by the judge.
   (g) "Fiduciary" includes any executor, trustee, guardian, or
administrator.

 

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