Gardner v. Mobil Oil Co.

Plaintiffs (lessors) appeal from an adverse judgment in an action to reform a written lease agreement and to recover damages from defendant (lessee) for the breach of such agreement, as reformed. The record is confined to the clerk’s transcript.

The sole issue on appeal is whether there were irregularities in the proceedings of the trial court by which plaintiffs were prevented from having a fair trial. (Code Civ. Proc., § 657, subd. 1.)

The specific irregularity claimed is that the trial judge not only formed an opinion as to the merits of the case before plaintiffs had completed the…