Cohen
CALIFORNIA STATE AUTO. ASSN. INTER-INS. v. Cohen
Opinion
Opinion
Molinari, J.
California State Automobile Association, Inter-Insurance Bureau (hereafter “CSAA”), commenced an action for a judicial declaration of its rights and duties under the uninsured motorist coverage of one of its automobile liability insurance policies. It has appealed from a judgment declaring (1) that the policy provides “uninsured motorist coverage to defendant Bishop Cohen,” (2) that CSAA “is under a duty to arbitrate” the subject claim of Bishop Cohen, and (3) that the arbitration proceed before the American Arbitration Association.
The record presented for our consideration is a limited one. We have no transcript of the evidence and other proceedings of the trial. A “Clerk’s Transcript” has been furnished, but it falls short of the requirement of the “Judgment Roll” of Code of Civil Procedure section 670. The judgment recites that “no request for findings” had been filed. Precisely applicable here is certain language of Div. of Lab. L. Enf. v. Mayfair Mkts., 102 Cal.App.2d Supp. 943, 946 [ 227 P.2d 463 ], as follows: “Since this appeal is upon the judgment roll and findings were waived, we must presume that the trial court found all facts necessary to support the…