You are correct. No judge would make such prejudicial comments, especially from the bench, in open court and on the record, ever. To say that such comments would be the foundation upon which an appeal could be built, would be a profound understatement.
Secondly, the counselor is making a serious mistake characterizing (or probably mischaracterizing is more appropriate) the bench's comments so publicly. It's my experience that judges don't like to be misquoted or mischaracterized.
Reading the other accounts of the motion hearing, to me, it sounds like this attorney's procedural missteps probably should have cost her the case yesterday. But, the bench, in what could only be described as a very generous ruling, is giving plaintiff's counsel an opportunity to correct her paperwork before he rules on the motion.
I would like to read the transcript of the hearing before making final judgment, but it appears that this attorney is in a little over her head.
You could also say he was being generous to the defense in not ruling for her summary judgment, given the procedural games the defense has been playing regarding service of papers .