One Trial Judge Cannot Overrule Another Trial Judge.
In a marital dissolution action, Judge #1 ruled an agreement was not enforceable. Judge #2 reconsidered the matter over three years later, on the court’s own motion, and ruled the agreement was enforceable. On appeal, the wife asserted Judge #2 erred in granting reconsideration of Judge #1’s ruling. In reversing, the Court of Appeal found Judge #2’s actions were not covered by any recognized exceptions to the general rule that one trial judge cannot overrule another trial judge. Rather, the appeals court found the record reflected that Judge #2 disagreed with the ruling of Judge #1 and overruled Judge #1. (Cal. App. Sixth Dist., July 24, 2015) 238 Cal.App.4th 1242 [190 Cal.Rptr.3d 436].)