3:1 Sample motion to disqualify arbitrator (judicial arbitration) Notice of motion and motion

[Attorney name, address] State Bar Number [________ ] Telephone [________ ] Facsimile [ ________ ] (if available--C.R.C. 2.111(1)) E-Mail [ ________ ] (if available--C.R.C. 2.111(1)) Attorneys for Plaintiff/Defendant, [________ ] SUPERIOR COURT OF THE STATE OF CALIFORNIA FOR THE COUNTY OF [________ ] [plaintiff's name], Plaintiff,

vs. [defendant's name],

Defendant.

)CASE NO.: [________ ] TO ALL PARTIES AND TO THEIR RESPECTIVE ATTORNEYS OF RECORD:

PLEASE TAKE NOTICE that on ________ , 20__ , at ________ __ .m. or as soon thereafter as the matter may be heard in Department ________ of the above-entitled court, located at [________ ] Plaintiff/Defendant will move the court for an order disqualifying the arbitrator and vacating the appointment of arbitrator ________ selected for this case. This motion will be made on the grounds that ________ has a demonstrable bias such that there is reasonable doubt that he/she would be able to be impartial. This motion is based upon Code Civ. Proc. 170.1 and Code Civ. Proc. 1141.18(d), and upon California Rules of Court, rule 3.816, which authorize the Court to order disqualification and vacate the appointment of the arbitrator for cause. This motion is further based upon this notice, the attached Memorandum of Points and Authorities, the Declaration of ________ filed herewith; upon the records and files of the Court in this matter; and upon such further evidence and argument as may be presented prior to or at the time of hearing on the motion. Dated:

Respectfully submitted, [FIRM NAME] By: _______________ [_______________ ] Attorneys for [plaintiff/defendant], [name of plaintiff/defendant]