Real State Golden Investments Inc. v. Larraín
After denying a motion to intervene, the trial judge sua sponte 'denied' a motion to stay that had never been filed, stated he expected one because 'everything gets appealed' in this case, and opined there was no reasonable chance of success on appeal. The Third District granted prohibition, holding these remarks — made in the absence of any motion or evidence — gave petitioners an objectively reasonable fear they would not receive a fair trial, and withheld the writ confident the judge would recuse.
Key facts
- Real State Golden Investments Inc. sought to intervene in a case, but the trial court denied the motion to intervene.
- Without any motion to stay having been filed, the trial judge sua sponte denied a motion to stay and stated he expected an appeal because 'everything gets appealed' in the case, opining there was no reasonable chance of success on appeal.
- +2 more key facts with a free trial
Why it matters
A clean, quotable disqualification decision for practitioners facing judges who telegraph rulings on motions not yet filed. Counsel can cite it for the proposition that prejudging an unfiled stay motion or the merits of… — full analysis with a trial
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