In Re Marriage of Carlsson

— “It is a cardinal principle of our jurisprudence that a party should not be bound or concluded by a judgment unless he has had his day in court. This means that a party must be duly cited to appear and afforded an opportunity to be heard and to offer evidence at such hearing in support of his contentions. [¶] His right to a hearing does not depend upon the will, caprice or discretion of the trial judge who is to make a decision upon the issues. [¶] An order or judgment without such an opportunity is lacking in all the attributes of a judicial determination. [Citations.] [¶] Refusal to permit counsel ... to present evidence and make a reasonable argument in support of his client’s position [i]s not a mere error in procedure. It amountfs] to a deprival of a substantial statutory right ...” (Spector v. Superior Court (1961) 55 Cal.2d 839, 843-844 [ 13 Cal.Rptr. 189 , 361 P.2d 909 ] (Spector).)

“Only judge when you have heard all.” — Greek proverb.

This case invites application of the above principles to an unusual and perhaps unprecedented fact situation: In a routine dissolution case, the family law judge suddenly declared an end to the trial before the husband had…