In a personal injury action, can a defendant rely on a statement in its minute order to the effect that there had been a failure of proof of the amount of damages?
California, United States of America
The following excerpt is from Hutcherson v. Alexander, 264 Cal.App.2d 126, 70 Cal.Rptr. 366 (Cal. App. 1968):
4 Defendant relies on the court's statement in its minute order to the effect that there had been a failure of proof of the amount of damages. However, a court's antecedent statements, minute orders or memoranda cannot be used to impeach the court's findings (Halagan v. Ohanesian, 257 A.C.A. 21, 28, 64 Cal.Rptr. 792). In any event, the court's statement simply adds to the confusion in the court's findings.
5 In Finding of Fact No. 6 the court stated:
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