What is the test for a motion to vacate under Code of Civil Procedure section 663?

California, United States of America


The following excerpt is from Pub. Serv. Mut. Ins. Co. v. Svetlik, A144803 (Cal. App. 2017):

"invited the error of which it now complains" and cannot argue on appeal that the court erred by not following the procedure in Code of Civil Procedure section 663. (See City of Scotts Valley v. County of Santa Cruz (2011) 201 Cal.App.4th 1, 29.) Third, "Code of Civil Procedure section 663, by its own terms, applies only to a decision of the court based upon facts or to a special verdict of a jury. 'A motion to vacate under [Code of Civil Procedure] section 663 is a remedy to be used when a trial court draws incorrect conclusions of law or renders an erroneous judgment on the basis of uncontroverted evidence.' [Citation.]" (Plaza Hollister Ltd. Partnership v. County of San Benito (1999) 72 Cal.App.4th 1, 14.) Here, the court did not draw an incorrect legal conclusion or render an erroneous judgment based on uncontroverted evidence.

Other Questions


Does Section 1054(1) of the California Civil Code of Civil Procedure, section 1054 et. seq. and section 854 of the Criminal Code, allow defense counsel to conduct their investigation and prepare for trial? (California, United States of America)
Can a motion under section 1538.5 of the Criminal Code be suppressed by motion under Section 1538 of the Code of Civil Procedure? (California, United States of America)
Does a motion to set aside a pretrial default against defendants need to be considered as a motion under section 473 of the Code of Civil Procedure? (California, United States of America)
How have courts interpreted section 139 of the California Civil Code, section 139 2 of the S.C. Code of Civil Procedure? (California, United States of America)
Is a motion to vacate an order under section 473 of the Code of Civil Procedure filed before the date of the order? (California, United States of America)
What is the test for Section 654 of the California Criminal Code when a defendant is found guilty of a breach of section 654 or section 744 of the Code of Civil Procedure? (California, United States of America)
Can a defendant be convicted of violating section 148(a)(1) of the California Civil Code of Civil Procedure if the jury found a completed violation of section 148 prior to the officers' use of excessive force? (California, United States of America)
What is the test for a civil action under Section 1983 of the Civil Code of Civil Procedure? (California, United States of America)
In what circumstances will the Supreme Court strike down a section of the Civil Rights Act that prohibits the use of certain types of civil rights, such as civil liberties, as well as those of the individual, in the context of civil liberties? (California, United States of America)
Does Section 186.22 of the California Civil Code of Civil Procedure (i.e. section 186. 22) Violate Due Process? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.