Hendershot

Hendershot v. SUPERIOR COURT OF LOS ANGELES CTY.

Good Law
1993 Cal. App. LEXIS 1195·20 Cal. App. 4th 860·24 Cal. Rptr. 2d 645·93 Daily Journal DAR 15006·93 Cal. Daily Op. Serv. 8799
Court of Appeal of CaliforniaNovember 29, 1993B076367California1,841 words

Opinion

Opinion

Epstein, J.

This writ proceeding was brought after the respondent court refused to honor a motion to a trial filed under Code of Civil Procedure section 170.6. The motion was made after we reversed an earlier judgment and remanded the case for an evidentiary hearing and determination of a factual issue. We issued an alternative writ and, following full briefing and oral argument, we now grant the relief requested.

Factual and Procedural Summary

The underlying trial arose out of a suit for breach of contract by Pacific Southwestern Investments, Inc. (PSI). Three defendants were named in the action: Shadowood Development Co., a partnership; Shadowood Corporation; and John E. Hendershot, Jr. A bench trial was held before Commissioner Anita Rae Shapiro, sitting as a temporary judge by stipulation of the parties. (Cal. Const., art. VI, § 21.) The court awarded judgment against the corporation for $35,012 based on breach of contract. Judgment was rendered against Hendershot for that amount, based on intentional misrepresentation, and for $35,000 punitive damages. The corporation and Hendershot appealed.

While the appeal was pending, PSI undertook collection procedures that resulted in…

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