Velaquez

Velaquez v. Koshi CA3

Good Law
Court of Appeal of CaliforniaFebruary 9, 2015C072767California5,958 words

Opinion

Opinion

FACTS

Rohin Koshi conceded that he was at fault when he ran a red light and collided with plaintiff’s automobile on July 6, 2008. He was driving a car belonging to his father, defendant John Koshi. Plaintiff, who had preexisting degenerative back disease, suffered additional injuries to her back. The primary issue at trial was the extent to which the accident exacerbated plaintiff’s preexisting condition and necessitated a surgery several years later and an early retirement. But there are no issues raised on appeal related to the underlying negligence of defendant, causation, or damages. The pertinent facts relate only to the attempt to recuse the trial judge after trial and the repercussions of plaintiff’s rejection of defendants’ statutory settlement offer. I The Appeal: Posttrial Motion to Vacate Both parties raise a host of procedural issues related to the posttrial motion to vacate the judgment because the trial court could have, and should have, been recused. We need not recite any of the underlying facts giving rise to these alleged procedural deficiencies since the notion that the judgment should be vacated because the trial court might have had some hidden residual bias…

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