Powerful Kern water agency wants to boot judge off of Kern River case
The Kern County Water Agency filed a motion May 30 seeking to remove Kern County Superior Court Judge Gregory Pulskamp from the long-running Kern River lawsuit saying it believes he is prejudiced against the agency. It’s highly unusual – one opposing attorney said improper – to try and get a judge removed from a case without a ruling, much less one that hasn’t even gone to trial yet. Disqualification efforts are typically filed if one side gets a negative ruling at trial that’s later overturned at a higher level and then sent back down to the original judge. … The Kern County Water Agency is making its case to Kern County’s Presiding Judge John Lua that Pulskamp is biased against it because his preliminary injunction, which had required enough water in the river to support fish, was overturned by the 5th District Court of Appeal. “The term ‘new trial’ is interpreted broadly to include any reexamination of actual or legal issues in controversy in the prior proceeding,” the agency’s motion states.