Patel

Colony Bancorp of Malibu, Inc. v. Patel

Good Law
138 Cal. Rptr. 3d 839·2012 Cal. App. LEXIS 316·204 Cal. App. 4th 410
Court of Appeal of CaliforniaMarch 16, 2012No. B221259California3,083 words

Opinion

Lead Opinion

Klein, J.

—Defendant and appellant Mahendra Patel (Patel) appeals a judgment in favor of plaintiffs and respondents Colony Bancorp of Malibu, Inc., a Nevada corporation, Pamela K. Cole, trustee of the Cole Irrevocable Family Trust, Manuel Meza, trustee of the Jojazak Irrevocable Children’s Trust, and Robert Aronson, an individual (collectively, plaintiffs), following a court trial.

Patel’s chief contention is that the trial court denied his right to due process by resuming trial after a lunch break without the presence of his defense counsel. The record reflects the trial court directed the parties to *412 return for the 1:30 p.m. afternoon session. Trial resumed promptly at 1:30 p.m. with neither Patel nor defense counsel being present. Plaintiffs’ counsel asked seven questions of a witness on direct examination. At the end of the seventh question, defense counsel arrived. Defense counsel made no objection and the proceedings continued. Now, on appeal, Patel contends that resumption of trial after lunch, without defense counsel being present, is reversible error per se.

The contention is meritless. Code of Civil Procedure section 594 authorizes the trial court (provided proper…

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