NORTH BEVERLY PARK HOMEOWNERS ASSOCIATION v. BISNO PART II
NORTH BEVERLY PARK HOMEOWNERS ASSOCIATION v. BISNO PART II
NORTH BEVERLY PARK HOMEOWNERS ASSOCIATION v. BISNO PART II 02:22:2007
NORTH BEVERLY PARK HOMEOWNERS ASSOCIATION v
NORTH BEVERLY PARK HOMEOWNERS ASSOCIATION v. BISNO
Filed 2/13/07
CERTIFIED FOR PUBLICATION
IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA
SECOND APPELLATE DISTRICT
DIVISION FOUR
NORTH BEVERLY PARK HOMEOWNERS ASSOCIATION,
Plaintiff and Respondent,
v.
JEANNETTE A. BISNO, et al.,
Defendants and Appellants.
B188779
(Los AngelesCounty
Super. Ct. No. BC275041)
STORY CONTINUED FROM PART I…….
Finally, even if we were to conclude that the statutory disqualification scheme applies to final judgments, and that we must assume the truth of the Bisnos' statement of disqualification, we would nonetheless hold that the trial judge was not disqualified. As stated in Urias, the party seeking to have a judgment declared void on the ground that the judge was disqualified must produce facts â€
Description
Statutory procedure for disqualification of judges for cause does not apply to final judgments; trial judge's failure to answer or strike defendants' statement of disqualification, which was filed and served after final judgment, did not constitute consent to retroactive disqualification, and did not require that the allegations of the statement of disqualification be deemed true. Denial of motion to dissolve injunction, made on ground that judge lacked mental capacity, was not an abuse of discretion where nothing in the trial transcript showed such a lack of capacity, and counsel for moving party admitted that his belief that judge lacked capacity was based solely on events that occurred after the injunction was granted.
