Mears

In this matter we issued alternative writs of mandate and of prohibition, under the authority of Oldfield v. Superior Court, 217 Cal. 581 [ 20 P.2d 671 ], because it appeared from the petition that the court below, in the retrial of the case of Hears v. Hears, was not following the mandate of this court as announced in our decision reported in 180 Cal.App.2d 484 [ 4 Cal.Rptr. 618 ], As appears from that decision, the appeal was from certain portions of the judgment providing for the disposition of property found to be community property. Our opinion concludes: “The judgment is reversed as to the portions of the interlocutory decree of divorce appealed from and the cause is remanded for a new trial upon the issues relating thereto, with directions upon said retrial to take evidence as to the value of the community property awarded in the decree from which an appeal was not taken in order that proper credit be given to the respective spouses in making an equal division thereof.” (P. 510.)

The reversal of a judgment (or of a part of a judgment, as to that part) “remands the cause for a new trial [citation], and places the parties in the trial court in the same position as if the…