Badella v. Miller

SCHAUER J.

I concur in the judgment solely on the ground that the trial court was “without power to set aside an order involving judicial action and regularly made, and enter another and different order without notice to the adverse party.” (Harth v. Ten Eyck (1941), 16 Cal.2d 829, 834 [108 P.2d 675]; Beyerbach v. Juno Oil Co. (1954), 42 Cal.2d 11, 28 [265 P.2d 1]; Bond v. Farmers & Merchants Nat. Bank (1944), 64 Cal.App.2d 842, 848 [149 P.2d 722].)