On January 01, 1900 a
Motion to peremptory challenge - Pursuant to CCP 170.6 - Judge Disqualified
was filed
involving a dispute between
Herron, Amanda,
and
Thomas, James Gordon,
for 22 Unlimited - Auto
in the District Court of Fresno County.
Preview
ROBERT G. GILMORE, #82136
LAW OFFICE OF ROBERT G. GILMORE
A Professional Law Corporation E-FILED
11 11 E. Hemdon Avenue, Suite 204 7/31/2019 3:13 PM
Fresno, California 93720 Superior Court of California
Telephone: (559) 436—1 100 County of Fresno
Facs1mile: (559) 436-0937 By: A. Ramos, Deputy
Attorney for Plaintiff, AMANDA HERRON
SUPERIOR COURT OF CALIFORNIA, COUNTY OF FRESNO
CENTRAL DIVISION - UNLIMITED JURISDICTION
10 ---000---
11 AMANDA HERRON, ) CASE NO. 19CECG02759 JYH
) [Assigned t0 Hon. Jeffrey Y. Hamilton]
12 Plaintiff, )
)
l3 vs. ) MOTION TO PEREMPTORY
) CHALLENGE, PEREMPTORY
14 JAMES GORDON THOMAS; and DOES 1to ) CHALLENGE AND DECLARATION OF
50, inclusive, ) ROBERT G. GILMORE IN SUPPORT
15 ) OF PEREMPTORY CHALLENGE
Defendants. )
16 ) Complaint Filed: 07/30/2019
) Trial Date: TBD
17 )
18 Plaintiff, AMANDA HERRON, and her attorney of record, Robert G. Gilmore, hereby
19 move to disqualify The Honorable Jeffrey Y. Hamilton, the judge to whom the trial of this matter
20 has or isbeing assigned. This motion isdirected to The Honorable Alan Simpson, Presiding
21 Judge, and t0 The Honorable Jeffrey Y. Hamilton, pursuant to Code of Civil Procedure §170.6
22 and the progeny cases interpreting said code section. This motion is supported by the declaration
23 of Plaintiff s attorney of record, Robert G. Gilmore.
24 MEMORANDUM OF POINTS AND AUTHORITIES
25 Plaintiffis entitled, on a one-time basis, and pursuant to Code of Civil Procedure §170.6, to
26 peremptorily disqualify ajudge 0fthe superior court from hearing any and allmatters associated with
27 a particular case. Said motion regarding peremptory challenge may be made without notice and
28 within ten (10) days from the date the challenged judge is assigned to a case. (C.C.P. §170.6.)
MOTION TO PEREMPTORY CHALLENGE, PEREMPTORY CHALLENGE AND DECLARATION OF ROBERT G. GILMORE
IN SUPPORT 0F PEREMPTORY CHALLENGE
Amanda Herron vs,James Gordon Thomasel al‘ Case No.19CECGOZ759 JYH
DECLARATION OF ROBERT G. GILMORE
I, Robert G. Gilmore, declare:
1. I am an attorney duly licensed to practice in the state 0f California and am attorney
0f record for Plaintiff, AMANDA HERRON, in the above-referenced action.
2. I am informed and believe that The Honorable Jeffrey Hamilton, the judge t0 whom
this action has been assigned may be prejudiced against my clients and/or their attorney and/or the
interests 0f my client such that I believe that my client may not have a fair and impartial hearing 0r
trialbefore this judge.
3. I understand that the court filed a Notice of Case Management Conference and
10 Assignment 0f Judge for A11 Purposes 0n July 31, 2019.
11 4. This peremptory challenge is submitted in accordance with California Code of Civil
12 Procedure §170.6 and the progeny 0f cases interpreting said Code Section.
13 Ideclare under penalty ofpeljury, under the laws 0fthe State ofCalifornia, that the foregoing
14 istrue and correct, and that this declaration was executed this AL day of July, 2019, at Fresno,
15 California.
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ROBERT G. GILMORE
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MOTION TO PEREMPTORY CHALLENGE, PEREMPTORY CHALLENGE AND DECLARATION OF ROBERT G. GILMORE
IN SUPPORT OF PERE PTORY CHALLENGE
' "
Amanda Herron vs.James Gordon Thomgg,
et a1. Case No. 19CECG02759JYH
Document Filed Date
July 31, 2019
Case Filing Date
January 01, 1900
Category
22 Unlimited - Auto
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ROBERT G. GILMORE, #82136 LAW OFFICE OF ROBERT G. GILMORE A Professional Law Corporation E-FILED 11 11 E. Hemdon Avenue, Suite 204 7/31/2019 3:13 PM Fresno, California 93720 Superior Court of California Telephone: (559) 436—1 100 County of Fresno Facs1mile: (559) 436-0937 By: A. Ramos, Deputy Attorney for Plaintiff, AMANDA HERRON SUPERIOR COURT OF CALIFORNIA, COUNTY OF FRESNO CENTRAL DIVISION - UNLIMITED JURISDICTION 10 ---000--- 11 AMANDA HERRON, ) CASE NO. 19CECG02759 JYH ) [Assigned t0 Hon. Jeffrey Y. Hamilton] 12 Plaintiff, ) ) l3 vs. ) MOTION TO PEREMPTORY ) CHALLENGE, PEREMPTORY 14 JAMES GORDON THOMAS; and DOES 1to ) CHALLENGE AND DECLARATION OF 50, inclusive, ) ROBERT G. GILMORE IN SUPPORT 15 ) OF PEREMPTORY CHALLENGE Defendants. ) 16 ) Complaint Filed: 07/30/2019 ) Trial Date: TBD 17 ) 18 Plaintiff, AMANDA HERRON, and her attorney of record, Robert G. Gilmore, hereby 19 move to disqualify The Honorable Jeffrey Y. Hamilton, the judge to whom the trial of this matter 20 has or isbeing assigned. This motion isdirected to The Honorable Alan Simpson, Presiding 21 Judge, and t0 The Honorable Jeffrey Y. Hamilton, pursuant to Code of Civil Procedure §170.6 22 and the progeny cases interpreting said code section. This motion is supported by the declaration 23 of Plaintiff s attorney of record, Robert G. Gilmore. 24 MEMORANDUM OF POINTS AND AUTHORITIES 25 Plaintiffis entitled, on a one-time basis, and pursuant to Code of Civil Procedure §170.6, to 26 peremptorily disqualify ajudge 0fthe superior court from hearing any and allmatters associated with 27 a particular case. Said motion regarding peremptory challenge may be made without notice and 28 within ten (10) days from the date the challenged judge is assigned to a case. (C.C.P. §170.6.) MOTION TO PEREMPTORY CHALLENGE, PEREMPTORY CHALLENGE AND DECLARATION OF ROBERT G. GILMORE IN SUPPORT 0F PEREMPTORY CHALLENGE Amanda Herron vs,James Gordon Thomasel al‘ Case No.19CECGOZ759 JYH DECLARATION OF ROBERT G. GILMORE I, Robert G. Gilmore, declare: 1. I am an attorney duly licensed to practice in the state 0f California and am attorney 0f record for Plaintiff, AMANDA HERRON, in the above-referenced action. 2. I am informed and believe that The Honorable Jeffrey Hamilton, the judge t0 whom this action has been assigned may be prejudiced against my clients and/or their attorney and/or the interests 0f my client such that I believe that my client may not have a fair and impartial hearing 0r trialbefore this judge. 3. I understand that the court filed a Notice of Case Management Conference and 10 Assignment 0f Judge for A11 Purposes 0n July 31, 2019. 11 4. This peremptory challenge is submitted in accordance with California Code of Civil 12 Procedure §170.6 and the progeny 0f cases interpreting said Code Section. 13 Ideclare under penalty ofpeljury, under the laws 0fthe State ofCalifornia, that the foregoing 14 istrue and correct, and that this declaration was executed this AL day of July, 2019, at Fresno, 15 California. 16 ROBERT G. GILMORE 17 18 19 20 21 22 23 24 25 26 27 28 MOTION TO PEREMPTORY CHALLENGE, PEREMPTORY CHALLENGE AND DECLARATION OF ROBERT G. GILMORE IN SUPPORT OF PERE PTORY CHALLENGE ' " Amanda Herron vs.James Gordon Thomgg, et a1. Case No. 19CECG02759JYH