CALIFORNIA CASUALTY INS. CO. v. APPELLATE DEPT.

Docket No. B097937.

46 Cal.App.4th 1145 (1996)

CALIFORNIA CASUALTY INSURANCE COMPANY, Petitioner, v. THE APPELLATE DEPARTMENT OF THE SUPERIOR COURT OF LOS ANGELES COUNTY, Respondent; MICHAEL DAVID CHELETTE, Real Party in Interest.

Court of Appeals of California, Second District, Division Four.

June 14, 1996.


Attorney(s) appearing for the Case

COUNSEL

Davis & Drum and Joel Drum for Petitioner.

No appearance for Respondent.

Richardson, Bambrick, Cermak & Bennett and Kenneth A. Hagemann for Real Party in Interest.


OPINION

EPSTEIN, J.

This is a small case, as cases go, but it raises a significant principle: judges, including appellate judges, are required to follow the law. In this case, the Appellate Department of the Los Angeles Superior Court decided a case on a point not raised by the parties, and without notice to the parties that it might do so. When this oversight was pointed out by a petition for rehearing, the court denied the petition...

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