Christie

In this action for false arrest and wrongful imprisonment brought by Ben Charles Christie, the court set aside a nonsuit and dismissal in favor of the City of El Centro, the El Centro Police Department, and El Centro Police Officers Ray Bonillas and Efran Coronel (collectively, the City). The court granted a new trial for “irregularity of the proceedings” because the judge who granted nonsuit, the Honorable Barrett Foerster, had discussed the case with a previously disqualified judge, the Honorable Jeffrey Jones. The court found Judge Foerster disqualified to rule on the nonsuit motion as a result of the discussion, and the resulting dismissal was set aside as void.

On appeal, the City asserts (1) there was no legal or factual basis for granting the motion for new trial based upon irregularity in the proceedings, and (2) there was no showing of prejudice or denial of a fair trial to Christie sufficient to support a new trial.

We conclude that (1) because Judge Foerster was disqualified at the time he granted the City’s motion for nonsuit, that ruling was void and must be vacated regardless of a showing of prejudice; and (2) even if a showing of prejudice or denial of a…