Butler v. Superior Court

Opinion

RUBIN, J.

Introduction

Charlene Butler and Bennie Nero obtained a judgment awarding them nominal damages on their personal injury claims against Dorothy Terry. We

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reversed that judgment and remanded it with specific directions to the trial court. Despite our clear and specific directions, the trial court issued an order granting a motion for reconsideration of a ruling that was rendered prior to the issuance of the judgment. The effect of the trial court’s order was to allow further trial court proceedings that were contrary to our clear directions on remand. Because the trial court’s order materially differed from our remand directions, it was unauthorized and void. Accordingly, we issue a writ of mandate ordering the trial court to vacate its order granting reconsideration and compelling it to comply with our remand directions.

Factual and Procedural Background

In February 1999, Butler and Nero filed a complaint for premises liability and negligence against their landlord, Terry. Butler and Nero alleged they were injured when Butler’s bedroom ceiling fell on them during heavy rains. On October 18, 2000, after Terry failed to obey certain discovery orders, the trial court struck her answer, and the matter proceeded to a default prove-up hearing on October 24, 2000. At the end of that hearing, the trial court awarded Butler and Nero nominal damages, including $100 for medical expenses. Butler and Nero appealed.

On April 22, 2002, we reversed the judgment, concluding the trial court’s ruling was arbitrary and disregarded the evidence presented at the prove-up hearing. Our clear instructions to the trial court on remand were “to enter a new default judgment in accordance with the evidence Butler presented at the default prove-up hearing on October 24, 2000.”

(Butler v. Terry

(Apr. 22, 2002, B147001) [nonpub. opn.].) The remittitur issued on June 28, 2002.

Subsequently, Terry filed a motion for reconsideration essentially asking the trial court to vacate its order of October 18, 2000, striking her answer in the case.