Cannabis Indica

How this document has been cited

Denial of a hearing is not the equivalent of express approval by this court but it has been said that "The order of this court denying a petition for a transfer... after... decision of the district court of appeal may be taken as an approval of the conclusion there reached, but not necessarily of all of the reasoning contained in that opinion."
- in Cole v. Rush, 1955 and 14 similar citations
—"... the rule is well settled that a judgment or order once regularly entered can be modified or vacated by the court which entered it only in the manner prescribed by statute
- in Nathanson v. Murphy, 1955 and 3 similar citations
Similarly, a trial court may not correct a judgment pursuant to Code of Civil Procedure section 663 on its own motion
- in NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS and 2 similar citations
It is interesting that the California Supreme Court, in contrast with the United States Supreme Court, actually has indicated (albeit equivocally) that a denial of a hearing has some significance as to its view of a case.
Upon entry of a judgment, in the absence of clerical error in the rendition or entry of that judgment, the trial court may not summarily amend the judgment, no matter how erroneous it may be, on its own motion
- in Duff v. Duff, 1967 and one similar citation
The action of the Supreme Court upon petitions for hearing in Bice and Hover fails to indicate broad or basic disagreement with this view
- in Lynch v. Betts, 1962 and one similar citation
It is undisputed that the ruling of November 19, 1951, was not made as the result of mistake, inadvertence or improvidence, and the only reason for setting it aside and making a new order was the court's admitted belief that its original ruling was based on an application of existing law which had seemingly been superseded by a subsequent pronouncement from the …
- in Maxwell v. Perkins, 1953 and one similar citation

Cited by

132 Cal. App. 2d 649 - Cal: Court of Appeal 1955
40 Cal. App. 3d 513 - Cal: Court of Appeal, 4th Appellate Dist., 1st Div. 1974
9 Cal. App. 3d 924 - Cal: Court of Appeal, 2nd Appellate Dist., 3rd Div. 1970
367 P. 2d 865 - Cal: Supreme Court 1962
199 Cal. App. 2d 359 - Cal: Court of Appeal 1962
198 Cal. App. 2d 755 - Cal: Court of Appeal 1962
294 SW 2d 43 - Mo: Court of Appeals, Southern Dist. 1956
255 P. 2d 10 - Cal: Court of Appeal, 2nd Appellate Dist., 2nd Div. 1953
105 Cal. App. 2d 711 - Cal: Court of Appeal 1951
21 Cal. App. 2d 456 - Cal: Court of Appeal, 3rd Appellate Dist. 1937

Leave a Reply