Hassanally v. Firestone

Opinion

EPSTEIN, J.

Throughout most of its history, California law has provided that no judge may receive a salary if he or she has had a case under submission more than 90 days. Occasionally judges have sought to evade this proscription by the device of “resubmitting” the case shortly before, or after, the running of the statutory period. In this case we hold that, although the practice is improper where not justified by unusual circumstances, it does not afford a basis to attack the decision that is ultimately reached.

Factual and Procedural Summary

This appeal arises out of a dispute between a property owner who retained a firm of architects to design a home and the firm he engaged. Zaffar Hassanally was the plaintiff in the trial court and is the appellant here. He retained defendants and respondents Ronald Gordon Firestone and the architectural firm of which he was a partner (collectively, Firestone), to design, draw plans and do related work for a residence plaintiff was planning to construct. The complaint alleges that Firestone failed to anticipate the requirements of and to submit plans to an architectural board having authority over construction in the area. The result, it was alleged, was delay and added cost.

The lawsuit became at issue and, on June 15, 1995, was called for trial. The parties waived jury and the dispute was tried to the court over three court days. It was submitted at the conclusion of trial, on June 19,1995. The 90th day after that was September 17. Since that day fell on a Sunday, the last day of the statutory period became September 18, by operation of law. (Code Civ. Proc., § 12a.) No decision was filed or announced on that day, or for 10 days thereafter. The court minutes record that on September 28 (a Thursday), “Pursuant to telephonic communication with both counsel this date, the court, on its own motion, resubmits the trial as of September 28, 1995.” Sixty-three days later, on December 29, 1995, the court rendered its decision, resolving factual and other issues in favor of defendants. Judgment was entered on January 22, 1996.

[1244]

We have one other window onto the circumstances of the resubmission. An uncontradicted declaration by appellant’s attorney, filed in support of his motion for new trial, states: