Menada, Inc. v. Arevalo
In a wrongful death case, after the presiding judge rotated out of the civil division, his judicial assistant told defense counsel the parties had requested that he 'reassert jurisdiction,' although defense counsel had never been part of any such request. The Third District held the alleged ex parte communication exceeded the administrative/scheduling exception and was merits-based, so disqualification was required; it also quashed the denial of a second disqualification motion entered while an appellate show-cause stay was in effect.
Key facts
- Menada, Inc. brought a wrongful death action against Arevalo; after the presiding judge rotated out of the civil division, his judicial assistant told defense counsel the judge wished to 'reassert jurisdiction' over the case, though defense counsel had never requested this.
- The trial court denied Menada's motion to disqualify the judge, and later entered an order while an appellate show-cause stay was in effect.
- +2 more key facts with a free trial
Why it matters
Useful authority for litigators confronting ex parte contacts through judicial assistants: it narrows the 'administrative matters' safe harbor to true scheduling, treating communications about which judge will hear the… — full analysis with a trial
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