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EUROPEAN BEVERAGE, INC. v. SUPERIOR COURT

Docket No. B098022.

43 Cal.App.4th 1211 (1996)

51 Cal. Rptr.2d 147

EUROPEAN BEVERAGE, INC., et al., Petitioners, v. THE SUPERIOR COURT OF LOS ANGELES COUNTY, Respondent; SAM MEARA, Real Party in Interest.

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

March 25, 1996.

Attorney(s) appearing for the Case

COUNSEL

Douglas Brian Levinson for Petitioners.

De Witt W. Clinton, County Counsel, and Frederick R. Bennett, Assistant County Counsel, for Respondent.

Jay S. Bloom for Real Party in Interest.

OPINION

EPSTEIN, J.

In this case we hold that, in a court trial, absent a waiver or a stipulation to the contrary, a party is entitled to have the same judge try all portions of a bifurcated trial that depend on weighing evidence and issues of credibility, and that if that judge is unavailable to do so, a mistrial must be declared.

FACTUAL AND PROCEDURAL SUMMARY

Sam Meara (real party in interest) brought this action...

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