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  1. #1
    Join Date
    Mar 2016
    Posts
    2

    Default Why Would a Defendant Object to a Temporary Judge

    My question involves court procedures for the state of: California

    Hi. I had small claims court today asking for my final wages and late fees from a job I held in 2015. They basically dropped the ball and omitted me 5 days pay. Numerous requests unanswered, ignored, "checks in the mail" etc. Really nasty people. Anyway.. I was employed by the government and was denied in a labor department claim (because i was suing the government_). I was also denied directly filing with the government agency for damages. Finally i get to small claims court and the government agency representative (defendant)opposes the fact there is a temporary judge. He said tothe baliff "no stip"andthey toldme I would be rescheduled. My question is whywould he do this? Just to be a jerkand get it postponed hoping ill drop out or because he is tight with the normal judge? Are there advantages for a government agency to do this? Can I oppose the regular judge when it is finally rescheduled? oh... and the case was originally postponed from January because the government agency representation filed a continuance saying he would be out of town that was originally scheduled. Its weird because this isjust how they were about paying me... trying to be all slippery. I think it makes em look guilty too.

  2. #2
    Join Date
    Jun 2014
    Posts
    3,212

    Default Re: Defendant in Small Claims Court Opposes Temporary Judge

    I don't think that the government attorney knows the regular Judge. I think that is just a way of trying to get you to drop the case.

  3. #3
    Join Date
    Oct 2014
    Posts
    8,238

    Default Re: Defendant in Small Claims Court Opposes Temporary Judge

    You’d have to ask the government lawyer why he did not stipulate to the temporary judge. It could be a lot of things. He may just have wanted more time to do other things that day, wanted more time to prepare the case, the temporary judge might have a reputation as a poor judge, or he simply wants to string this case out, as just a few possibilities.

    You can object to the regular judge if you have grounds for it, e.g. evidence of conflict of interest, bias, etc. If you don’t have that then you cannot get the judge recused. And really, at this point do you want to do something to further delay this case? Delay favors the former employer here more than you.

  4. #4
    Join Date
    Mar 2016
    Posts
    2

    Default Re: Defendant in Small Claims Court Opposes Temporary Judge

    Thank you everyone for your help.

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