Louisiana-Pacific Corp. v. Philo Lumber Co.

This is an appeal by defendants from a civil judgment, which they contend is void because the trial judge who heard the case had been peremptorily challenged by a codefendant who, before trial, was dismissed from the case.

The judgment is reversed.

Statement of Facts—Procedural History

In its amended complaint, plaintiff and respondent Louisiana-Pacific Corporation alleged three causes of action against three defendants: Landis Morgan (a natural person), Philo Lumber Company (a California corporation), and West Range Corporation (a California corporation). Landis Morgan was alleged to be the president and agent of both corporate defendants, an allegation implicitly admitted by defendants and appellants in their combined answer to the amended complaint.

On June 11, 1982, a minute order was made setting the matter for trial on September 7, 1982, before Judge Arthur B. Broaddus. On September 2, 1982, a peremptory challenge under Code of Civil Procedure section 170.6 was filed. The challenge was signed by defendant Landis Morgan. In it, Morgan stated that he believed Judge Broaddus was prejudiced against him. The challenge appears to contain the matter required by section…