Judge Dale Wells materially misrepresents a CCP 170.1 disqualification.

In a clear case of a judicial officer running amock, Judge Dale Wells struck a served CCP 170.1 challenge. The only problem is that the document had not been filed at the time that he struck it on 4/3/2013 and was filed on 4/4/2013.  His order and the CCP 170.1 challenge can be accessed here: http://www.scribd.com/doc/134260541/CCP-170-1-challenge-and-order-striking

Judge Wells in his order striking the disqualification misrepresents the content of the CCP 170.1 disqulification, which constitutes fraud.

CCP 170.4 specifies that a statement of disqualification can be filed when new and additional grounds for disqualification have been presented; in this case a federal case where Judge Wells is a defendant, and sued in his professional and personal capacity.Judge Wells absolutely did not reference that particular matter in his order striking the served document.

CCP 170.4 states that a document needs to be filed before it can be stricken. The order is not valid and Judge Wells proceeded to hear a case in the face of a disqualification, preferring to continue with his judicial rape and battery.


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