Ciriniconi v. Green

WARNE, J. pro tem.

*

This is an appeal from a money judgment in favor of respondents rendered by the court sitting without a jury in a personal injury action.

The action arose out of a collision between an automobile being driven by the respondent Idell Vera Ciriniconi and a station wagon being driven by the appellant Leonard Green. The accident occurred within the intersection of 17th and X Streets in the city of Sacramento.

The appellant first contends that the facts as set forth in the trial court’s memorandum opinion concerning the responsibility for the accident and the statement therein that the appellant’s car struck the Ciriniconi car on the left side are inconsistent with the testimony given at the trial. Such is not the fact. What the trial court said was: “In addition it should be noted that the entire right side of plaintiff’s car was damaged, so that the front of plaintiff’s car might well have been considerably more than eight feet beyond the center line of X Street, and as she testified, ‘nearly across the intersection.’ ” True, the document as typed did use the words “left side” but that error was corrected to read “right side,” and when the physical facts as disclosed by the evidence are considered it becomes quite clear that it had to be the right side of respondents’ car which was struck. The respective streets are 48 feet wide. The Ciriniconi car was proceeding south on 17th Street and the Green car was traveling east on X Street at the time of the accident. The point of impact was fixed at 32 feet south of the north curb of X Street and 17 feet east of the west curb of 17th Street, hence the impact occurred at least 8 feet south of the center line of X Street; or, in other words, the Ciriniconi car was approximately two-thirds of the distance across the intersection at the time of the impact, thus demonstrating the correctness

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of the trial court’s statements. Even if the opinion of the trial court had been inconsistent with the findings, the findings would control. The function of a trial court’s opinion is limited. In

Stone

v.

Los Angeles County Flood Control District,

81 Cal.App.2d 902 [185 P.2d 396], it was contended that the opinion written on the granting of a motion for a new trial contained inconsistent statements and demonstrated that the trial judge had inaccurately analyzed the evidence and incorrectly applied the law. The court stated at page 907: “. . . While an opinion of the judge of the trial court will aid the appellate court in ascertaining the process by which a judgment has been reached it will not be considered in determining whether or not the verdict of the jury or the findings of the court are supported by the evidence. [Citing cases.] The order when made by the court concludes the case and it cannot be impeached by the judge’s opinion. The question that concerns the reviewing court is whether or not the final decision, judgment or order is correct and not whether the reasons expressed in the opinion are in harmony with the results reached or whether they sustain the decision. [Citing cases.]” Nor may any antecedent expression of the judge, whether casual or cast in the form of an opinion, in any way restrict his absolute power to declare his final conclusion by filing the decision (findings of fact and conclusions of law) provided for by the Code of Civil Procedure.