Raville v. Singh

In Raville v. Singh (1994) 25 Cal.App.4th 1127, the presiding judge signed a proposed statement of decision and a judgment after the trial judge died before he could rule on objections that had been filed to his proposed statement of decision, and sign a judgment. The reviewing court reversed the judgment on section 635 grounds. The court rejected a contention that the proposed statement of decision, that had been dictated to counsel by the trial judge, was sufficient to permit a judgment to be signed by a presiding judge under section 635. The court stated that the phrase "decision of the court" found in section 635 means the "finalized statement of decision." (Id. at p. 1133.) In short, the appellate court reversed a judgment signed by the supervising judge after the trial judge died before ruling on objections to a proposed statement of decision. Although a minute order was entered reflecting the trial judge's oral statement of tentative decision, there was no "finalized" decision "entered in the minutes, as contemplated by Code of Civil Procedure section 635 . . . ." (Ibid.)