Hendershot
Hendershot v. SUPERIOR COURT OF LOS ANGELES CTY.
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…