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Case# D05-00622, ORDER

The court on its own motion hereby recuses herself from presiding in further proceedings in this matter pursuant to Code of Judicial Ethics 3(E)(1) and Code of Civil Procedure, Section 170.1 (a)(1)(6) (i) and (ii). The previously calendared dates for mandatory settlement conference on September 9, 2006 and trial on October 12, 2006 are hereby vacated and the case is transferred to Judge Barry Baskin, Family Law Supervising Judge, for

re-assignment and immediate resumption of the proceedings. It is so ordered this

21st day of August, 2006 at Martinez, California.

Signed Josanna Berkow

Commissioner/Judge Pro Tempore

Which means:

Code of Judicial Ethics:

E. Disqualification

A judge shall disqualify himself or herself in any proceeding in which

disqualification is required by law.* In all trial court proceedings, a judge

shall disclose on the record information that the judge believes the parties or

their lawyers might consider relevant to the question of disqualification, even

if the judge believes there is no actual basis for disqualification.

170.1. (a) A judge shall be disqualified if any one or more of the

following is true:

(1) (A) The judge has personal knowledge of disputed evidentiary

facts concerning the proceeding.

(6) (A) For any reason:

(i) The judge believes his or her recusal would further the

interests of justice.

(ii) The judge believes there is a substantial doubt as to his or

her capacity to be impartial.

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