Ross v. Murphy

McCOMB, J.

From an order of Judge Ingall W. Bull setting aside an order of Judge Charles S. Haas, both of the Superior Court of Los Angeles County, directing the county

[454]

clerk to file findings of fact, conclusions of law and a judgment of Judge Pat R. Parker

1

in favor of defendant which had been signed prior to Judge Parker’s death but not filed with the county clerk, defendant appeals.

Chronology

i. March 30, 1948, Judge Parker caused to be entered a minute order giving judgment for defendant, in a trial over ' which he had presided, in which plaintiff and defendant were parties.

ii. April 30, 1948, Judge Parker signed findings of fact, conclusions of law and a judgment.

iii. August 2, 1948, Judge Parker died.

iv. September 13, 1948, Judge Haas by an ex parte order directed the county clerk to file the findings of fact, conclusions of law and judgment theretofore signed by Judge Parker.

v. November 5, 1948, Judge Bull, after notice to both parties and a hearing, granted plaintiff’s motion to vacate the order of Judge Haas (dated September 13,1948) and to strike from the county clerk’s files the findings of fact, conclusions of law and judgment signed by Judge Parker.

It is from this order that defendant appeals.

Questions:

First:

Was Judge Haas’s order void?

Yes,

and this pertinent rule is applicable:

When a case is tried by the court without a jury and the judge signs findings of fact, conclusions of law and a judgment, but before they are filed he vacates his office,

2

his successor is without power to order the documents filed and such order is void.