California, United States of America
The following excerpt is from Morris v. Thogmartin, 105 Cal.Rptr. 919, 29 Cal.App.3d 922 (Cal. App. 1973):
Jay v. Dollarhide (1970) 3 Cal.App.3d 1001, 1032--1033, 84 Cal.Rptr. 538, an opinion of this court relied upon by respondent, is distinguishable on its facts from the case at bench and may in some respects be reconciled with the conclusions herein upon the basis of semantical differences in definitional concepts regarding evidentiary versus ultimate facts versus conclusions of law. Notwithstanding such distinctions, however, any statement of legal principles therein inconsistent with those expressed herein dealing with the interpretation and requirements of sections 632 and 634 are disapproved.
The record reflects that the cause was exhaustively tried below. In our opinion,
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GARGANO and FRANSON, JJ., concur.
1 All references herein are to the California Code of Civil Procedure unless otherwise indicated.
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