How have the courts interpreted a directive to the clerk to obtain a judgment in a personal injury case?

California, United States of America


The following excerpt is from Mellinger v. Ventura County Municipal Court, 265 Cal.App.2d 843, 71 Cal.Rptr. 535 (Cal. App. 1968):

We refer to this directive to the clerk as a 'judgment' rather than 'order' because of the terms of section 1064 Code of Civil Procedure: 'A judgment in a special proceeding is the final determination of the rights of the parties therein.' The trial court's words plainly state its final determination of the rights of the parties in this proceeding; no further judicial act was contemplated and that one was effective from the moment the memorandum, in which it appeared, was signed and filed. (Maxwell v. Perkins (1953) 116 Cal.App.2d 752, 255 P.2d 10.)

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