Decision on Appeal

Judge’s disqualification results in new trial for failure to issue a statement of decision

Appeals based on a trial court’s refusal to issue a statement of decision require some soul searching. Usually, a successful appeal will merely result in the case being remanded to the trial court to issue a statement of decision, and the successful appellant may find himself no better off than he was before.

But what if the judge that tried the case is not available to issue the statement of decision? In Wallis v. PHL Associates, Inc., case no. C066545 (3d Dist., October 17, 2013), you will find out. The judge who conducted the bench trial in Wallis was peremptorily disqualified after the bench trial. Since he was thus unavailable to prepare a statement of decision, the Court of Appeal decides that “the only appropriate appellate remedy in this case is a remand for a new trial on the equitable causes of action.”