Butler v. Superior Court

Introduction

Charlene Butler and Bennie Nero obtained a judgment awarding them nominal damages on their personal injury claims against Dorothy Terry. We reversed that judgment and remanded it with specific directions to the trial court. Despite our clear and specific directions, the trial court issued an order granting a motion for reconsideration of a ruling that was rendered prior to the issuance of the judgment. The effect of the trial court’s order was to allow further trial court proceedings that were contrary to our clear directions on remand. Because the trial court’s order materially differed from our remand directions, it was unauthorized and void. Accordingly, we issue a writ of mandate ordering the trial court to vacate its order granting reconsideration and compelling it to comply with our remand directions.

Factual and Procedural Background

In February 1999, Butler and Nero filed a complaint for premises liability and negligence against their landlord, Terry. Butler and Nero alleged they were injured when Butler’s bedroom ceiling fell on them during heavy rains. On October 18, 2000, after Terry failed to obey certain discovery orders, the trial court…