How has the Court of Appeal dealt with a motion to reverse a judgment in the Superior Court of Justice?

It appears to me that the majority has adopted a novel type of judicial technique in reaching its conclusion that the judgment should be reversed. It reverses upon the single ground that the trial court erred in refusing to give certain instructions requested by defendants. The majority bases its reversal solely upon the alleged authority of City of Los Angeles v. Cole, 28 Cal.2d 509, 170 P.2d 928, and the cases cited therein; but the majority then proceeds to overrule the very cases upon which its reversal is based, declaring that 'these authorities should no longer be controlling.'