While I concur in the result, I do not join in the zeal of my colleagues in flogging the trial judge for actual bias. I disdain *1503bias of whatever kind. However, I do not agree that the trial court’s comments read in context establish actual bias. I am supported in this position by Cheryl’s own attorney who, at oral argument, admitted: “I’m not charging the judge with legal bias in terms of was he biased against my client.”
Notwithstanding this concession, the majority pounce on the trial judge’s comments during the trial’s first phase, lift the remarks out of context, and reverse the judgment, concluding the remarks established the trial judge was biased in fact against Cheryl because of her gender. As I shall explain, the grounds employed by the majority are wholly unnecessary. It matters not whether there was actual bias, appearance of bias being sufficient to warrant reversal.
The majority focus on only the first part of the trial judge’s comments explaining his ruling. To place the comments in their proper context, it is necessary to summarize his entire statement.
Initially, the trial judge found Cheryl was the first to raise the subject of marriage. He noted Cheryl was physically attractive and had a strong desire to improve her standard of living. Because of a recent bitter and financially expensive divorce from his first wife, Chick was reluctant to remarry. Thus, the court concluded Chick proposed to petitioner only after she expressed a willingness to give up any claim to his property. It is during this portion of the trial judge’s oral statement that the comments forming the basis for this reversal occurred.
The trial judge then discussed Cheryl’s credibility, noting her selective recollection of the material events. “What I am concerned about, however, is the quality of the petitioner’s memory. She remembers with great detail the birthday party ... for John Wayne, . . . things that were said in connection with that, but has no recollection about the . . . aspects of the relationship which would be detrimental to her. [j[] Now, that may be a conscious desire to deny the existence of unpleasant facts .... But I noted fairly early on, . . . that when she was being asked some questions by [respondent’s counsel], she suddenly discovered she could remember better when he presented her with some examples of her prior testimony and prior acts . . . . She seemed to be admitting only what could be proved or could be established independent of this proceeding, [f] Now, that has to throw into question just about everything else that she says. . . .”
After referring to the parties’ wedding, the judge discussed their execution of the premarital agreement. He found Cheryl was not pressured to sign it, *1504Cruikshank reviewed the document in detail with the parties and advised them to have the document reviewed by independent counsel, but both parties declined to do so. The trial judge also concluded the testimony established Cheryl knew about the bulk of Chick’s assets before signing the premarital agreement, and she did not enter into the agreement as a result of fraud, duress, coercion, or undue influence. The court subsequently prepared a written statement of decision.
Interestingly, the comments upon which we reverse the judgment related to a minor, if not insignificant, issue; which party first raised the subject of marriage. Since the parties concededly executed the premarital agreement and married, this question is, at best, of limited probative value. The evidence most likely would have been excluded if either party had made a proper and timely objection to it under Evidence Code section 352.
I do not agree the record establishes the judge who presided over the trial’s first phase was biased in fact against Cheryl or women in general. In the remainder of his oral comments and in his written statement of decision the trial judge gave several legally justifiable reasons, which are supported in the record, for his decision finding the premarital agreement valid.1 He ruled the burden of proving the invalidity of the agreement was on Cheryl. The majority and I agree he was correct. The majority’s narrow focus on only one part of the trial judge’s comments to find a way to inject gender bias is disquieting. Here, Cheryl did not initially claim gender bias. This claim first arose during oral argument on appeal. Under the majority’s approach, a trial judge may well be reluctant to explain his or her reason for a ruling for fear the comments would later be taken out of context by a creative appellate court and used to reverse the decision without the trial judge having any opportunity to correct the problem or to explain or defend his or her action.
Nonetheless, I agree the trial judge’s comments gave the appearance of a lack of impartiality. The Supreme Court has admonished that “The trial of a case should not only be fair in fact, but it should also appear to be fair. And where the contrary appears, it shocks the judicial instinct to allow the judgment to stand.” (Pratt v. Pratt (1903) 141 Cal. 247, 252 [74 P. 742].)
This concept is also contained in Code of Civil Procedure section 170.1, subdivision (a)(6)(C). It states a judge “shall be disqualified” where for any reason “a person aware of the facts might reasonably entertain a doubt that *1505the judge would be able to be impartial.” Under Code of Civil Procedure former section 170, subdivision (a)(5), the prior statute governing disqualification of a judge for bias, a party had to establish bias in fact. (Andrews v. Agricultural Labor Relations Bd. (1981) 28 Cal.3d 781, 792-793 [171 Cal.Rptr. 590, 623 P.2d 151]; United Farm Workers of America v. Superior Court (1985) 170 Cal.App.3d 97, 103 [216 Cal.Rptr. 4].)
But the new statute altered that requirement. “The standard for disqualification provided for in subdivision (a)(6)(C) of section 170.1 is fundamentally an objective one. It represents a legislative judgment that due to the sensitivity of the question and inherent difficulties of proof as well as the importance of public confidence in the judicial system, the issue is not limited to the existence of an actual bias. Rather, if a reasonable man [or woman] would entertain doubts concerning the judge’s impartiality, disqualification is mandated. ‘To ensure that the proceedings appear to the public to be impartial and hence worthy of their confidence, the situation must be viewed through the eyes of the objective person.’ [Citation.]. . . [f ] Various factors may impact on how the ‘average person on the street’ views a judge’s participation in a case. One court has perceptively recognized that all other things being equal, the need for disqualification decreases by the extent to which the judge’s rulings in the case are limited to purely legal matters. [Citation.] This is because a trial judge’s factual findings are generally accorded considerable deference whereas legal rulings are subject to plenary appellate review. [Citation.] . . .” (United Farm Workers of America v. Superior Court, supra, 170 Cal.App.3d at pp. 104-105.)
The trial judge’s comments in this case gave the appearance of his lack of impartiality. His characterization of Cheryl and his use of the cow metaphor were clearly inappropriate. The average person on the street could well entertain a doubt concerning whether the trial judge was impartial. Inasmuch as that is now the test, the judgment should be reversed.
For example, my examination of the record demonstrates any judgment invalidating the premarital agreement would not have been supported by substantial evidence. In other words, the evidence was legally insufficient.