Can a judge reverse himself if he later concludes he was wrong?

California, United States of America


The following excerpt is from Rambush v. Rambush, 267 Cal.App.2d 734, 73 Cal.Rptr. 268 (Cal. App. 1968):

2 In Hitchcock v. McElrath, 69 Cal. 634, 11 P. 487, the order denying the second motion provided that the motion might be renewed. It was renewed and the order of denial was set aside and the motion granted.

3 'There is no impropriety or error in a judge reversing himself if he later concludes he was wrong the first time. He would stultify himself if he did otherwise. The motion to reconsider was in effect a renewal of the motion to vacate and set aside the default and the judgment.' (Hover v. MacKenzie, 122 Cal.App.2d 852, 857, 266 P.2d 60, 63.)

Other Questions


When a trial judge has found under Pen. Code 667.6, subdivision (d), that a defendant committed offenses on separate occasions, that they were committed at the same time, can the judge reverse? (California, United States of America)
Can a judge reverse or modify another judge's ruling? (California, United States of America)
Can a federal judge reverse a finding that was wrong on appeal? (California, United States of America)
In a wrongful attachment action for damages for economic loss sustained as a result of wrongful attachment, what are the costs incurred in defending the underlying action? (California, United States of America)
What is the effect of a federal judge's decision in a civil case allowing a frustrated prosecutor to seek a new judge? (California, United States of America)
When a judge makes a judgment in a minute order, does the judge have to deliver the abstract in an oral order? (California, United States of America)
Is a pensioner entitled to both a cost-of-living and a proportional share of the fluctuating salary of a judge occupying the office formerly occupied by a retired or deceased judge? (California, United States of America)
Is the Attorney General's request for limited remand for a reversal and reversal of a finding of vehicular manslaughter? (California, United States of America)
When will a judge remand a motion for a reversal of a penalty for failing to state on the record the reasons for his findings? (California, United States of America)
What is the test for determining whether a trial judge is correct in giving a jury an instruction that is simply wrong? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.