What is the effect of section 634 of the Code of Civil Procedure on objections to a finding?

California, United States of America


The following excerpt is from Goldberg v. Paramount Oil Co., 143 Cal.App.2d 215, 300 P.2d 329 (Cal. App. 1956):

'When section 634, Code of Civil Procedure, was amended in 1913 to require the service of findings, and again in 1933 to require that they be not signed prior to five days after service, the purpose was to permit of a procedure for the pointing out of defects in the proposed findings, including objections that they were uncertain or not sufficiently specific. The situation presented to us here is one in which we think the objection should be deemed to have been waived by the failure to urge it in the trial court. Del Ruth v. Del Ruth, 75 Cal.App.2d 638, 644, 645, 171 P.2d 34. Since the record is silent on the subject, it will be deemed to have been waived. We must presume the record includes all matters material to a determination of all points on appeal. Rules on Appeal, rule 52.'

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