When a trial judge views the premises and a record of what he saw has not been made part of the transcript on appeal, is that view sufficient to sustain the finding?

California, United States of America


The following excerpt is from Ames v. Board of Retirement, 147 Cal.App.3d 906, 195 Cal.Rptr. 453 (Cal. App. 1983):

" 'Within the compass of this rule, it is also well settled that when the trial judge views the premises and a record of what he saw has not been made a part of the transcript on appeal, an appellate court must assume that the evidence acquired by such view is sufficient to sustain the finding in question. [Citations.]' [Citation.]" (City of Los Angeles v. Kossman (1969) 274 Cal.App.2d 116, 120-121, 79 Cal.Rptr. 44.)

Page 461

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