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In post-foreclosure Unlawful Detainer case #09C03210, Shepard Investments v James Krage, Judge Sanchez decided she herself could assume federal jurisdiction and rule on the validity of a Bankruptcy Stay that was issued on December 23, 2010 and that the Bankruptcy Court had ruled to still be in effect.
When Defendant Krage questioned her right to rule on the Federal question by Disqualifying Judge Sanchez for Bias and Prejudice, Judge Sanchez ignored the Procedures proscribed by law (Code of Civil Procedures 170.1 and 170.3) and Ordered her own Disqualification stricken, instead of letting an independent Judge rule on it, as prescribed by law.
Plaintiff Shepard Investments Inc had previously lost 3 tries in Bankruptcy Court to get Relief from the Stay, so they convinced the local judge to make a federal decision and give them a Writ of Possession.
Shepard Investments is a renegade Foreclosure Auction purchaser that has violated the law many times to get quick possession of homes they bought at foreclosure auctions.
Defendant Krage successfully forced Shepard Investments to dismiss 2 previous Unlawful Detainers, because 1) they didn't timely file the Trustee's Deed Upon Sale, and 2) they bought the property under a Fictitious Business name (Summer Creek Homes) that they hadn't renewed in 4 years.
Most Unlawful Detainers that Shepard Investments have won could be overturned with either violation, and both violations occurred in over 50 post-foreclosure Unlawful Detainer cases.
The main points here are that a California Judge should not assume Federal Jurisdiction to rule on the validity of a Federal Bankruptcy Stay, and that a Judge should not rule on her own Disqualification for Allegations of Bias and Prejudice. Only Federal Judges can rule on the validity of a Stay, and State Judges are not allowed to rule on their own Disqualification, but rather must have the Disqualification Allegations heard by an independent Judge, as required by law.