Blue Book Flashcards
CCP §36 - Motion for preference
party over 70 years of age; party under 14 years of age; medical reasons; interests of justice; time of trial
CCP §36.5 - Submission of affidavit in support of Motion for Preference
Affidavit may be signed by attorney.
Not admissible for any purpose other than a motion for preference under subdivision (a) of §36.
CCP §128 - Power of Courts
1) Contempt orders
2) Execution of sentence
3) Stay pending appeal
4) Orders affecting county government
CCP §128.5 - Frivolous Actions or Delaying Tactics
Fees for bad-faith tactics/frivolous claims
CCP §128.7 - Award of Sanctions for Actions Violating Specified Conditions
a) Every pleading/writing shall be signed by at least one attorney with contact info
If caught lying, then sanctions happen
CCP §170 - Duty to Decide
A judge has a duty to decide any proceeding in which he or she is not disqualified.
CCP §170.1 - Grounds for Disqualification
What disqualifies a judge:
1) Personal knowledge of disputed facts (anyone within 3 degrees)
2) Served as a lawyer in similar case (2 years)
3) Financial interest
CCP §170.2 - Circumstances NOT constituting grounds for disqualification
Judges don’t need to be the same race/group/religion as parties; expressing view on a legal or factual issue; has been an advocate against/for the law in the past.
CCP §170.3 - Proceedings; waiver; failure or refusal to withdraw
1) Judge must recuse himself
2) Judge may ask whether parties will waive disqualification UNLESS judge has personal bias, or has served as attorney in matter
3) Judge can’t induce waiver or find out who favored or opposed waiver
4) Within 10 days after filing or service (whichever is later) judge may file a consent to disqualification
CCP §170.6 - Prejudice against party, attorney, or interest thereof; motion and affidavit; assignment of another judge, court commissioner or referee; number of motions; continuance; cumulative remedy; severability
Prejudice against par