Satre et al v. Argent Mortgage Company, LLC et al

Filing 9

ORDER DENYING MOTION TO DISQUALIFY. Signed by Judge Jeffrey S. White on 1/10/13. (jjoS, COURT STAFF) (Filed on 1/10/2013)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA
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RODRICK I. SATRE and BONITA SATRE
DALEY,

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No. C 12-06548 JSW

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v.
For the Northern District of California

United States District Court

Plaintiffs,
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ORDER DENYING MOTION TO
DISQUALIFY

ARGENT MORTGAGE COMPANY, LLC,
ET AL,
Defendants.

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On December 28, 2012, Plaintiffs filed an affidavit of bias seeking to remove the

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undersigned judge from the above-captioned matter. The Court may pass upon the legal

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sufficiency of the request and only after such legal sufficiency is established does it become the

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duty of the judge to proceed no further in the case. United States v. Azhocar, 581 F.2d 735, 738

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(9th Cir. 1978) (citations omitted). Because the inquiry is addressed to the facial sufficiency of

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the motion not to the truth or falsity of the facts stated therein. United States v. Montecalvo,

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545 F.2d 684, 685 (9th Cir. 1976). Therefore, a hearing is unnecessary. See id. The Court

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finds the motion suitable for disposition without oral argument. See also Northern District Civil

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Local Rule 7-1(b).

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“The substantive standard for recusal under 28 U.S.C. § 144 and 28 U.S.C. § 455 is the

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same: Whether a reasonable person with knowledge of all the facts would conclude that the

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judge’s impartiality might reasonably be questioned.” United States v. Hernandez, 109 F.3d

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1450, 1453 (9th Cir. 1997) (brackets and internal quotation marks omitted). A motion for

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disqualification based entirely from the district court judge’s adverse ruling is not an adequate

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basis for recusal. Leslie v. Grupo ICA, 198 F.3d 1152, 1160 (9th Cir. 1999) (citing numerous

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cases for the same proposition). In Liteky v. United States, 510 U.S. 540, 555, the Supreme

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Court explained the narrow bases upon which a party may move for recusal:

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Judicial rulings alone almost never constitute a valid basis for a bias or
partiality motion ... [O]pinions formed by the judge on the basis of facts
introduced or events occurring in the course of the current proceedings, or
of prior proceedings, do not constitute a basis for a bias or partiality
motion unless they display a deep-seated favoritism or antagonism that
would make fair judgment impossible.
The provisions of Section 455 “require recusal only if the bias or prejudice stem from an

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For the Northern District of California

United States District Court

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extrajudicial source and not from conduct or rulings made during the course of the proceeding.”

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Toth v. Trans World Airlines, Inc., 862 F.2d 1381, 1388 (9th Cir. 1988).

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Plaintiffs premise their request to disqualify the undersigned based on his rulings in a

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related, earlier matter, (10-01405 JSW). Plaintiffs have not demonstrated a bias or prejudice

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which stems from an extrajudicial source. The Court is not persuaded that Plaintiffs have

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demonstrated that Judge’s impartiality might reasonably be questioned.

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For the foregoing reasons, the Court DENIES Plaintiffs’ request for disqualification.

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IT IS SO ORDERED.
Dated: January 10, 2013
JEFFREY S. WHITE
UNITED STATES DISTRICT JUDGE

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UNITED STATES DISTRICT COURT

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FOR THE

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NORTHERN DISTRICT OF CALIFORNIA

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RODRICK I. SATRE et al,

Case Number: CV12-06548 JSW

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Plaintiff,

CERTIFICATE OF SERVICE

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v.
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ARGENT MORTGAGE COMPANY,
9 LLC et al,
Defendant.

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For the Northern District of California

United States District Court

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12 I, the undersigned, hereby certify that I am an employee in the Office of the Clerk, U.S.
District Court, Northern District of California.
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That on January 10, 2013, I SERVED a true and correct copy(ies) of the attached, by
14 placing said copy(ies) in a postage paid envelope addressed to the person(s) hereinafter
listed, by depositing said envelope in the U.S. Mail, or by placing said copy(ies) into an
15 inter-office delivery receptacle located in the Clerk's office.
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Bonita Satre Daley
18 Rodrick I. Satre
530 Santa Fe Avenue
19 Richmond, CA 94801
20 Dated: January 10, 2013
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Richard W. Wieking, Clerk
By: Jennifer Ottolini, Deputy Clerk