On March 06, 2002 a
Judge's Recusal by Darrell Stevens - Legacy Docketable Information
was filed
involving a dispute between
Meline, Charlen M,
Meline, Edward Richard,
Meline, Robert J,
Meline, Stephen, Iv,
and
Edgington, Melanie G,
Jessee, Nelda F,
Meline, David L,
Meline, Jack,
Meline & Rabo Farms Inc, A California Corporation,
Meline, Robert J,
Meline, Stephen, Iv,
Meline, Violet Arlene,
for (26) Unlimited Other Real Property
in the District Court of Butte County.
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St "pR COURT 0F CALIFORNIA, COUNTY 0F B1
MEMO RE: RECUSAL OF JUDGE
In case
Date;
#z
/{
Z 27g
L301
$0
9
Case name:
From Judicial
gaww‘ga
'
Vtj
I
{jg/C a/J";
Ofcerzwhpf
/ ~
(Sign orim'tial)
U Bensb E] Gilbert D Gunn U Hermansen U Howell D Kelly
D-Patn'ck D Reilley U Roberts D Scott . D
XStevens
I am recusing myselfbecause:
D I have personal knowledge of facts.
the disputed (A judge deemed to have personal
knowledge ifthe judge or a spouse or relative is likely to be a witness.) CCP 170. 1(a)(1).
D I have served as a lawyer in this proceeding or represented or advised one of the in
parties
another proceeding’involving the same issues. (A judge is deemed to have served as a lawyer
in the proceeding if within the past twolyears (a) a party'was a client of the or the
judge
judge’s rm, or (b) a laWyer in the case was in the CCP 170;
practice‘with judge.) 11(a)(2).
D I havepor my spouse rninor‘child a
or- has, nancial interest. in the subject matter or in a
party. CCP 170.1000.» ~
~
D I or my spouse or relative is a party. CCP 170. 1(a)('4).
D A lawyer in the proceeding, or an attorney in practice with one of the lawyers is my spouse,
former'
'
spouse, child, sibling, or parent; or' has such '
relationship with myi Spouse1CCP
170‘ 1»(a)(5). .
j
mevemy recusal Would irther the interests
ofjustice.\CCP .170.1(a)(6)'(A)i
D I belieye‘ there is a substantial doubt as to my capacity
i
to be CCP
impartial.
17 -
(a)(6)(B)-
A person aware of the facts might reasonably entertain a doubt that I would be able to be
impartial. CCP l70.1(a)(6)(C).
'
. . . .,
D I heard this case, and cannot participate in appellate review ofit. CCP 170. 1(b).
‘
v: \.
Comment:
U The above basis for disqualication having been disclosed, the have indicated
parties they
wish to WAIVE the disqualication. Counsel are to submit a written waiver reciting-the basis
for disqualication and signed by all parties and their counsel. bias or
(Personal prejudice .
concerning a party and a judge’s involvement as an attorney or Witness CANNOT BE
WAIVED:)..CCR 170.3(b),
cc: Presiding Judge (or Assignment Clerk if om Presiding Judge)
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Forms\Admin\Memo re Recusal of Judge """ H
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(Revised 05/02/01 one)
SUPERIOR COURT 0F CALIFORNIA, COUNTY ogBUTTE
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MEMO REz‘DISQUALIFICATION 0F JUDGE BY PARTY
a
i
In '
:base flél’h
’ '
caSC‘VI#II ‘ ‘ L‘
Date: From Judicial Ofder:
(Signo'r' z'izitikzl)
D Benson U Gilbert D Gunn U Hermansen D Howell D Kelly
D Patrick D Reilley D Roberts D Scott D Stevens D
4
D The oral/written peremptory chéllenge against me under CCP 170 6 made by
I
I
I.
on is D honored
Dstrleken because '
'U
The case is Clerk.
assignedto Judge Assignment
'bi'y'the
U-A
~~‘
veried statement of disqualication for cause 'has been led-
against me on
.by
D Without conceding my disqualication, I request that Judge ,
‘
having been agreed uponbythe parties, sit and actin my place. ,
4
. . .
:
U I hereby. consent to the disqualication- The case
'
is assigned' to Judge
" ’
by the Assignment Clerk
‘
.
~ . .-
-
D I ansWer thedisqualication Statement as follows
D By agreement of the parties, the case is'referred to Judge for .
the determination of the
disqualication
D :The case is referred to the Assignment Clerk, who shall notify the Judicial of the
. need to a judge to determine the question of
Council A ~
select disqualication.
cc: Presiding Judge (or Assignment Clerk if om Presiding Judge)
.I
’1‘
Forms\Admin\Memo re Disqualic'éui ddge byZPartyi (Revisad 08/02/01 oDB)
Document Filed Date
November 30, 2004
Case Filing Date
March 06, 2002
Category
(26) Unlimited Other Real Property
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‘ St "pR COURT 0F CALIFORNIA, COUNTY 0F B1 MEMO RE: RECUSAL OF JUDGE In case Date; #z /{ Z 27g L301 $0 9 Case name: From Judicial gaww‘ga ' Vtj I {jg/C a/J"; Ofcerzwhpf / ~ (Sign orim'tial) U Bensb E] Gilbert D Gunn U Hermansen U Howell D Kelly D-Patn'ck D Reilley U Roberts D Scott . D XStevens I am recusing myselfbecause: D I have personal knowledge of facts. the disputed (A judge deemed to have personal knowledge ifthe judge or a spouse or relative is likely to be a witness.) CCP 170. 1(a)(1). D I have served as a lawyer in this proceeding or represented or advised one of the in parties another proceeding’involving the same issues. (A judge is deemed to have served as a lawyer in the proceeding if within the past twolyears (a) a party'was a client of the or the judge judge’s rm, or (b) a laWyer in the case was in the CCP 170; practice‘with judge.) 11(a)(2). D I havepor my spouse rninor‘child a or- has, nancial interest. in the subject matter or in a party. CCP 170.1000.» ~ ~ D I or my spouse or relative is a party. CCP 170. 1(a)('4). D A lawyer in the proceeding, or an attorney in practice with one of the lawyers is my spouse, former' ' spouse, child, sibling, or parent; or' has such ' relationship with myi Spouse1CCP 170‘ 1»(a)(5). . j mevemy recusal Would irther the interests ofjustice.\CCP .170.1(a)(6)'(A)i D I belieye‘ there is a substantial doubt as to my capacity i to be CCP impartial. 17 - (a)(6)(B)- A person aware of the facts might reasonably entertain a doubt that I would be able to be impartial. CCP l70.1(a)(6)(C). ' . . . ., D I heard this case, and cannot participate in appellate review ofit. CCP 170. 1(b). ‘ v: \. Comment: U The above basis for disqualication having been disclosed, the have indicated parties they wish to WAIVE the disqualication. Counsel are to submit a written waiver reciting-the basis for disqualication and signed by all parties and their counsel. bias or (Personal prejudice . concerning a party and a judge’s involvement as an attorney or Witness CANNOT BE WAIVED:)..CCR 170.3(b), cc: Presiding Judge (or Assignment Clerk if om Presiding Judge) i A" I x ‘-. H l , i i V j y " Ki. .3 » Forms\Admin\Memo re Recusal of Judge """ H ' ' "‘ ' ' (Revised 05/02/01 one) SUPERIOR COURT 0F CALIFORNIA, COUNTY ogBUTTE . \\ ., _ x '\| \ ‘ =2 MEMO REz‘DISQUALIFICATION 0F JUDGE BY PARTY a i In ' :base flél’h ’ ' caSC‘VI#II ‘ ‘ L‘ Date: From Judicial Ofder: (Signo'r' z'izitikzl) D Benson U Gilbert D Gunn U Hermansen D Howell D Kelly D Patrick D Reilley D Roberts D Scott D Stevens D 4 D The oral/written peremptory chéllenge against me under CCP 170 6 made by I I I. on is D honored Dstrleken because ' 'U The case is Clerk. assignedto Judge Assignment 'bi'y'the U-A ~~‘ veried statement of disqualication for cause 'has been led- against me on .by D Without conceding my disqualication, I request that Judge , ‘ having been agreed uponbythe parties, sit and actin my place. , 4 . . . : U I hereby. consent to the disqualication- The case ' is assigned' to Judge " ’ by the Assignment Clerk ‘ . ~ . .- - D I ansWer thedisqualication Statement as follows D By agreement of the parties, the case is'referred to Judge for . the determination of the disqualication D :The case is referred to the Assignment Clerk, who shall notify the Judicial of the . need to a judge to determine the question of Council A ~ select disqualication. cc: Presiding Judge (or Assignment Clerk if om Presiding Judge) .I ’1‘ Forms\Admin\Memo re Disqualic'éui ddge byZPartyi (Revisad 08/02/01 oDB)