Can a judge reverse with instructions?

California, United States of America


The following excerpt is from Continental Cas. Co. v. Phoenix Const. Co., 284 P.2d 554 (Cal. App. 1955):

There are no issues of fact to be determined after a reversal herein; the trial judge's errors went to matters of law only; it is therefore appropriate to reverse with instructions, Code Civ.Proc. 53; Stauter v. Carithers, 185 Cal. 160, 164, 196 P. 37.

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