Armstrong

The dispositive issue on this appeal involves a challenge to the authority of a presiding judge who signed a statement of decision and then entered judgment, pursuant to section 635 of the Code of Civil Procedure, after the trial judge who presided over the trial of the action retired without issuing such statement or judgment. No such authority exists. We reverse the judgment.

Facts

Gerald C. Armstrong and Guy W. Picquelle entered into an oral partnership agreement to build a house on a parcel of unimproved real estate and split the profits upon its sale. The terms of the oral agreement were: Armstrong would supply the money necessary to acquire the real estate; the partnership would obtain a construction loan; Picquelle would build a house; the house would be sold upon its completion; and the construction loan and incidental expenses would be paid from the proceeds with the net profits divided equally. The parties did not specifically agree on the cost of the project or whether a contactor’s fee would be available to Picquelle.

Armstrong provided the $41,125 needed to purchase a parcel of unimproved property in Fallbrook in September 1977. Both parties became…