Eckert

After a trial court rules on motions in limine but before voir dire begins, a party files a statement of disqualification under Code of Civil Procedure section 170.1. Is the judge to whom the case has been assigned for trial required to stay the proceedings until a second trial judge rules on the disqualification motion? We hold the trial judge is not required to do so and may proceed with the trial. (See Code Civ. Proc., § 170.4, subd. (c)(1).)

Facts

Kathleen Eckert sued real parties in interest seeking to recover for injuries suffered in an automobile accident. Her complaint was premised on negligence, premises liability and dangerous conditions of a public highway.

On August 3, 1998, the matter was assigned to Superior Court Judge Charles Hayes for trial. Counsel were ordered to report to Judge Hayes’s courtroom on August 4. During the next six and one-half court days, Judge Hayes ruled on twenty in limine motions pertaining to numerous trial exhibits.

After the court made the rulings but before voir dire began, Eckert filed a statement of disqualification, asserting that Judge Hayes’s conduct and rulings demonstrated “the clear appearance of bias and prejudice…