Raville

In this appeal, we reverse a judgment signed by a supervising judge after the trial judge died without issuing a statement of decision, Code of Civil Procedure section 632 requires the trial judge to, at a minimum, issue a statement of decision in order to empower a supervising judge to sign a judgment for an incapacitated trial judge pursuant to section 635.

Facts

On June 1, 1987, respondent Ron Raville filed a complaint against defendant, cross-complainant and respondent Lance Gorze and defendant, cross-defendant and appellant Harbans Singh. The case came to trial before Judge Robert Fainer. At the conclusion of the bench trial, Judge Fainer announced his tentative decision in open court in favor of respondent Raville on his complaint and respondent Gorze on his cross-complaint. This was recorded in the minutes of the court on November 26, 1991. After trial, the appellant timely submitted a written request for a statement of decision pursuant to section 632.

Raville submitted a proposed statement of decision and judgment to Judge Fainer who then directed a letter to counsel for the parties which stated in part: “Under the applicable provisions of the Code of Civil…