Panico

Over the past several years, this court has seen a number of cases where trial judges have attempted to streamline trial proceedings by adjudicating a case from the bench based on offers of proof. (E.g., Stein-Brief Group, Inc. v. Home Indemnity Co. (1998) 65 Cal.App.4th 364, 369 [ 76 Cal.Rptr.2d 3 ]; cf. Lokeijak v. City of Irvine (1998) 65 Cal.App.4th 341, 343, fn. 2 [ 76 Cal.Rptr.2d 429 ] [trial court suggested “mini-trial” as alternative to summary judgment].) The appeal before us illustrates how such an “unusual and unorthodox procedure” (Stein-Brief Group, Inc. v. Home Indemnity Co., supra, 65 Cal.App.4th at p. 369) may result—unless certain precautions are taken—in an unnecessary reversal of the trial court’s judgment, because the Court of Appeal must treat the case as if it were the product of a motion for nonsuit after an opening statement. (Ibid.) That means that all the inferences and conflicts in the evidence must be resolved, on appeal, in favor of the losing party, i.e., against the judgment. (Ibid.) Had the court simply taken the time to hold a real trial on any disputed issues of fact, or had the parties agreed to have a court trial by submitting evidence…