Appellant did not advance any reason in the trial court for its failure to discover the evidence, and appellant likewise fails to advance on appeal any explanation. Moreover, there was no showing why the evidence could not have been discovered prior to the trial. The evidence contained therein is merely cumulative. 1726.) The affidavits on their face fail to show any good cause. A motion to reopen a case for further evidence can be granted only on a showing of good cause.
Appellant did not suffer any prejudice when the court denied the motion without considering the affidavits. Hovsebian stating that in 1946 Homer Ensher stated in their presence that he had purchased Elkhorn Ranch in his name for the corporation. Hovsebian (Homer Ensher's sister) and Mr.
173-176.) Where, however, the statement is legally insufficient, the judge may ignore it or strike it from the files. ( In re Harrington, 87 Cal.App.2d 831, 834-835 Rosenfield v. 5.) "f the written statement is timely and states sufficient facts, it is the duty of the judge to file an answer within five days or be disqualified from sitting until the matter of his bias is passed upon by another judge. setting forth the fact or facts constituting the ground of the disqualification of such judge." (Code Civ. ) Any party may file "a written statement. Sweet, 19 Cal.App.2d 392, 396 ) and sufficient to impair the judge's impartiality so that it appears probable that a fair trial cannot be held. ) In order for the judge to be disqualified, the prejudice must be against a particular party ( Evans v. Bias or prejudice consists of a "mental attitude or disposition of the judge towards a party to the litigation.
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