S. Cal. Motor Rd. Co. v. San Bernardino Nat'l Bank

Citations

• 100 Cal. 316

Syllabus

<p>Change of Place of Trial—Disqualification of Judge—Suit bt Judge Against Moving Parties.—Where the judge before whom a case is to be tried is not a party to the action nor related to any party thereto and has not been an attorney for either party, the fact that he has commenced an independent action against the plaintiffs upon an entirely different cause of action, it appearing that the judgment in one case would in no way be affected by the judgment in the other, does not show such interest in the action as to disqualify him from trying the cause, and he may properly deny a motion to change the place of trial for such alleged disqualification.</p> <p>Id,—Contradiction of Affidavit—Presumption from Denial of Motion. Where a motion for a change of venue, made upon the ground of disqualification of the judge because of his alleged interest in the result of the action, is denied by the judge, a statement in an affidavit used upon the motion to the effect that the affiant was informed and believed that the judge had said he considered himself disqualified from trying any case in which the persons making the motion were parties, is not to be treated as an admission that the judge was not qualified to try the case, merely because the affidavit was not specifically answered or denied, but the action of the judge in denying the motion must be presumed to be a denial that he was so interested.</p> <p>Id.—Motions—Knowledge of Judge.—In all motions before a judge during the progress of a trial he may act on his own knowledge in regard to things which in their nature are better known to himself than they could be to others.</p>