Hall

This action for malicious prosecution against James G. Harker, an attorney, presents the question whether alleged bias, on the part of the trial judge towards attorneys in general and the defendant in particular requires reversal. We conclude it does.

Procedural History

Dudley Taylor, a real estate broker, lived in Paso Robles in 1985. In February 1986, he went to work for Troy Investment Fund (Troy) as marketing director for Troy’s real estate development projects in Southern California. Taylor signed a series of one-page contracts for base salary plus commission per unit sold, but he claimed Troy’s chief executive officer, R. Michael Hall, also orally promised him a bonus commission of 2 percent of all gross sales under his brokerage license.

A dispute arose over the bonus commission, and in February 1991, Taylor sought legal advice from James Harker. Harker helped Taylor draft a letter charging Hall with preventing the sellout of the Troy properties to prolong his salary and benefits, thereby breaching his fiduciary duty to the Troy investors. Taylor sent the letter to the District Attorneys of Orange and San Luis Obispo Counties. Harker wrote another letter…