California Casualty Insurance v. Appellate Department

This is a small case, as cases go, but it raises a significant principle: judges, including appellate judges, are required to follow the law. In this case, the Appellate Department of the Los Angeles Superior Court decided a case on a point not raised by the parties, and without notice to the parties that it might do so. When this oversight was pointed out by a petition for rehearing, the court denied the petition. The losing party has sought relief before this court. We are satisfied that relief must be granted.

Factual and Procedural Summary

The underlying lawsuit arose out of a three-car accident, and the basic facts were settled by stipulation:

Michael David Chelette (real party in interest here) was southbound on the San Diego Freeway near Rosecrans in the No. 1 lane. For some unknown reason his vehicle began to lose power. He therefore proceeded to get off the freeway by changing lanes. Plaintiff’s insured, Ms. Hiser, was southbound on the San Diego Freeway in the No. 2 lane. She saw Chelette signal and change lanes and slowed her vehicle so that he could do so. Chelette then continued to change to the No. 3 lane and was entering the No. 4 lane. Defendant Dennis…