ABBOTT v. MANDIOLA

No. G021145.

82 Cal.Rptr.2d 808 (1999)

70 Cal.App.4th 676

Marshall R. ABBOTT, Plaintiff and Respondent v. Sergio MANDIOLA, Defendant and Appellant.

Court of Appeals of California, Fourth District, Division Three.

March 5, 1999.


Attorney(s) appearing for the Case

Baker, Silberberg & Keener, Marshall Silberg, Mark V. Franzen, Irvine; Thelen, Reid & Priest, Thelen, Marrin, Johnson & Bridges, Curtis A. Cole, William F. Holbrook and Matthew S. Levinson, Los Angeles, for Defendant and Appellant.

Hurst & Hurst, Debra L. Hurst; and Susan W. Garrett, San Diego, for Plaintiff and Respondent.


OPINION

SILLS, P.J.

Sometimes, because of congested court dockets and scheduling difficulties, the "direct calendar" judge who is assigned a case for all purposes is not the judge who conducts the trial. Such a reassignment can lead, as happened in the present case, to trouble. Certain pairs of proceedings must be heard by the same judge if he or she is able to do so: for example, trials and new trial motions. (See Code Civ. Proc, § 661.) The...

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