Once again, Judge Cole orderd my Statement of Disqualification stricken as opposed to allowing another judge to make the determination on her qualification as is required by California Code of Civil Procedure 170.3. The Code in question is pretty clear, it states”
170.3(c) (5) A judge who refuses to recuse himself or herself shall not pass upon his or her own disqualification or upon the sufficiency in law, fact, or otherwise, of the statement of disqualification filed by a party. In that case, the question of disqualification shall be heard and determined by another judge agreed upon by all the parties who have appeared or, in the event they are unable to agree within five days of notification of the judge’s answer, by a judge selected by the chairperson of the Judicial Council, or if the chairperson is unable to act, the vice chairperson.
On May 25, 2016, I in fact did ask the judge to recuse herself and she (very unprofessionally) refused to do so. She ordered the first Statement of Disqualification stricken, and did so again with the Second, opting instead, she has disregarded this section, has determined on her own that my Statement was not legally sufficient and has set to rule on my Motion for New Trial on August 16, 2016.
The good news is I will still file my writ of mandate with the appeals court and this time, I will seek review with the Supreme Court if they deny my writ. As I’ve said before, I will never quit, and this time, I expect to deploy a few secret legal weapons that will change the narrative.
After filing my Statement of Disqualification on July 27, 2016 (I’m sure they want to say it was July 28, 2016), I sent this e-mail to the Manager of Operations at the Santa Monica Division of the Los Angeles Superior Court, he was supervisor of the Clerks office who repeatedly blocked my efforts to file a Statement of Disqualification.
I copied members of the assembly and senate judiciary committee, current non-judge members of the California Commission on Judicial Performance, the non-judge members of the Council of Judicial Ethics and the Judicial Council as well as a number of other public and private government oversight bodies on the e-mail. Hopefully, someone actually cares.
If I’m wrong in my intepretation, I invite any legal explaination, citation or statute that say’s so. I’m not to proud to say I’m wrong, and I would love to move on from this, but history has taught me that when injustice is not resisted, injustice will simply continue.