Did the California Court of Appeal justices' failure to recuse themselves from deciding the appeal of the final judgment violate the Due Process Clause?

QUESTION PRESENTED A three-judge panel of California Court of Appeal, in an ; ‘ extraordinary writ proceeding reviewing an interlocutory trial court order denying motion for summary adjudication, proposed undisputed material . facts on issues that were not decided by the trial court, reviewed their own ; evidence without giving the parties an opportunity to produce their ; evidence and reversed trial court’s order denying motion for summary . adjudication. Except one justice who retired, the rest two justices remained in the : | . panel deciding the subsequent appeal of the final judgment, in which contentions were raised that California Court of Appeal erred in reversing trial court’s order denying motion for summary adjudication on issues that were not decided by the trial court and evidence that contradicts the ; evidence of California Court of Appeal was denied an opportunity to submit by the Court of Appeal. The appeal also involves claims that are . related to the issues decided by the Court of Appeal in the extraordinary : . writ proceeding. The question presented is: 1. Did the California Court of Appeal justices’ failure to recuse , themselves from deciding the appeal of the final judgment violate | the Due Process Clause? eee i