California code of civil procedure section 170 6 allows a party who timely files an affidavit of prejudice to disqualify a judge without any showing of cause. 6 7 2011 11 43 42 am. A 1 a judge court commissioner or referee of a superior court of the state of california shall not try a civil or criminal action or special proceeding of any kind or character nor hear any matter therein that involves a contested issue of law or fact when it is established as provided in this section that the judge or court commissioner is prejudiced against a party or attorney.
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