California, United States of America
The following excerpt is from Lilley's Estate, In re, 169 Cal.App.2d 540, 337 P.2d 585 (Cal. App. 1959):
The judge's solemn declaration contained in the findings and the order modifying the decree of distribution cannot, as stated in Bastajian v. Brown, 19 Cal.2d 209, 214, 120 P.2d 9, 12, '* * * be wholly disregarded nor lightly brushed aside. It was a declaration of a fact that was concealed in the mind of the judge, and no one was in a better position than he to state his true intent. He may have failed to read the findings and judgment before signing them. He may have supposed they were in favor of defendants. His declaration may be construed to so indicate. Under such circumstances it is obvious that the findings and judgment would not in fact be the decision actually intended to be rendered by him, or that he in the exercise of judicial authority arrived at. * * * The facts within the personal knowledge of the judge may be considered, and in vacating or correcting a clerical error or mistake he may give effect to his own recollection. The declaration in the order vacating the judgment has a direct bearing on the existence of such error. [Citing cases.]'
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