Do I have any control over which judge is assigned to my case?
Very little. In both state and federal courts, a party may make a motion asking the judge to recuse (disqualify) himself or herself, but under very limited circumstances. Examples of grounds for recusal include that the judge has personal knowledge of the facts in a case, has a financial interest in the outcome of a case, or has certain types of connections with the parties or their attorneys. In addition, California Code of Civil Procedure section 170.6 gives each party to a lawsuit the right to raise a peremptory challenge to any judge who that party believes may be prejudiced. The challenge must be raised within ten days after the judge is first assigned to the matter. In considering whether to challenge a judge in California Superior Court, it is important to remember that a judge assigned at the commencement of a case is often not the judge to whom a case will be assigned for trial.
If I win my case, can I recover my attorney fees? »