Mowatt v. Chafiq CA2/5
B311870
| Cal. Ct. App. | Apr 12, 2022Background:
- Parties divorced in 2011 and share one minor child.
- Mother filed (Feb 20, 2020) to modify visitation to alternate weekends and to require parental cooperation to obtain a new passport; Father filed no written opposition.
- At the Jan 13, 2021 hearing Father requested a continuance (denied as untimely) and then orally declared the judge disqualified under Code Civ. Proc. § 170.1 without following statutory filing procedures.
- Father experienced a medical event during the hearing, later participated by phone; the court modified visitation to alternate weekends (no overnights) and ordered both parents to cooperate on a duplicate passport.
- Father appealed, raising only the denial of his oral disqualification; the Court of Appeal affirmed the January 13, 2021 order.
Issues:
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the trial court's denial of an oral disqualification under CCP § 170.1 is reviewable on appeal | Mowatt argued the judge was disqualified and that his oral notice removed the judge from the case | Statutory scheme requires a written, verified statement and writ of mandate is the exclusive review remedy; no appealability | Denial not appealable; exclusive remedy is writ of mandate under § 170.3(d); appeal cannot review disqualification ruling |
| Whether Father’s due process right to an impartial judge was violated | Father alleged bias and pointed to occurrences (outside or unsupported by the record) suggesting partiality | No record evidence of judicial bias; adverse rulings and denials of continuance do not prove bias | No due process violation shown; record contains no evidence of bias; court affirmed |
Key Cases Cited
- People v. Panah, 35 Cal.4th 395 (Cal. 2005) (§ 170.3(d) provides exclusive means to review judicial disqualification)
- People v. Williams, 16 Cal.4th 635 (Cal. 1997) (disqualification claims not reviewable on appeal from subsequent judgment)
- People v. Brown, 6 Cal.4th 322 (Cal. 1993) (statutory disqualification procedure limits appellate review)
- Brown v. American Bicycle Group, LLC, 224 Cal.App.4th 665 (Cal. Ct. App. 2014) (adverse rulings do not alone show personal bias)
- Marshall v. Jerrico, Inc., 446 U.S. 238 (U.S. 1980) (Due Process Clause guarantees an impartial tribunal)