Brooks

DISCUSSION

Brooks argues the trial court erred when it denied his motion to vacate the judgment in the Ceballos Action. We disagree. Code of Civil Procedure section 663 provides that a “judgment or decree, . . . based upon a decision by the court . . . may, upon motion of the party aggrieved, be set aside and vacated by the same court, and another and different judgment entered, for either of the following causes, materially affecting the substantial rights of the party and entitling the party to a different judgment: [¶] (1) Incorrect or erroneous legal basis for the decision . . . . [¶] (2) A judgment or decree not consistent with or not supported by the special verdict.” (Emphasis added.) “‘A superior court is but one tribunal, even if it be composed of numerous departments. . . . An order made in one department during the progress of a cause can neither be ignored nor

3 overlooked in another department . . . .’ [Citation.] ‘Where a proceeding has been . . . assigned for hearing and determination to one department of the superior court . . . it is beyond the jurisdictional authority of another department of the same court to interfere with the exercise of the power of the…