Ensher

A suit in equity to set aside a judgment resulted in judgment for defendant, following demurrer sustained without leave to amend, and plaintiff appeals. The parent case which produced the judgment which plaintiff seeks to set aside was a suit to impress a trust on respondent’s property. There was a first judgment in favor of respondent, but this was reversed because of lack of essential findings and the cause was remanded. (Ensher, Alexander & Barsoom, Inc. v. Ensher, 210 Cal.App.2d 184 [ 26 Cal.Rptr. 381 ].) On January 23, 1963, the Supreme Court denied a petition for hearing. The trial judge, Honorable Winslow Christian, signed findings and judgment on February 4, 1963.

Meanwhile, there had occurred the events which brought about the present litigation. On December 26, 1962, Governor Edmund G. Brown announced that Judge Christian would be appointed Administrator of the Health and Welfare Agency on January 1, 1963. Counsel for respondent requested Judge Christian to defer taking his new office until the conclusion of the parent lawsuit. On January 10, 1963, Judge Christian wrote to all counsel saying that he had decided it was his duty to continue to function in the case if…