Bill Benson Motors, Inc. v. Macmorris Sales Corp

In Bill Benson Motors, Inc. v. Macmorris Sales Corp. (1965) 238 Cal.App.2d Supp. 937, frustrated by the court's refusal to continue the case for more than two hours, appellant's counsel said he was leaving the courthouse. The appellate department of the superior court in very careful language said: "We conclude that the phrase 'parties litigant or their attorneys of record' does not include parties or attorneys who wilfully remain away from the trial of a case as appellants and their counsel did in this case. This being a civil case, they cannot be held in contempt, but there is no injustice in ruling that they waive their rights to object to the appointment of the Commissioner as a judge pro tempore in this case by their wilful absence." "Wilful" in the context of Benson involves more than a voluntary absence. It connotes behavior which is not justifiable under circumstances where the court was unable to hold either counsel or his client in contempt. Accordingly, it concluded a reasonable sanction for this disrespectful behavior was a loss of that party's right to have the case heard by a judge.