Gordon

Gordon v. Wolfe

Caution
179 Cal. App. 3d 162·1986 Cal. App. LEXIS 1384·224 Cal. Rptr. 481
Court of Appeal of CaliforniaMarch 26, 1986G001562California1,768 words

Opinion

Opinion

Crosby, J.

Are the parties entitled to a statement of decision pursuant to Code of Civil Procedure section 632 after a trial in a personal injury action where liability is admitted and the only issues concern damages? Yes. Should the court monitor the hours consumed in a trial spread over several days to determine whether it has lasted more than one day for purposes of that section? No.

I

Susan Gordon was injured by an automobile driven by Laura Wolfe, a minor. Gordon sued Wolfe and her father, the owner of the car. The latter settled for the limits of his statutory liability (Veh. Code, § 17151).

Wolfe conceded her own liability, and the parties waived jury and proceeded to trial solely on the question of damages. Gordon testified; but the matter was primarily tried on documentary evidence, reports of medical experts retained by both parties, hospital bills, and the deposition of an economist retained by Gordon to value her loss of future income.

The court issued a notice of tentative decision on February 9, 1984, awarding Gordon damages of $72,660 to be offset by the $15,000 settlement with defendant’s father. Gordon’s request for a statement of decision was denied by the…

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