Schefers

In this action for personal injuries arising out of an automobile accident the jury returned a verdict in favor of plaintiff for $850, and on February 28, 1964, judgment was entered thereon. Plaintiff deemed this judgment insufficient and moved for a new trial upon the following grounds:

After hearing the motion the court made a minute order dated April 23, 1964, which contains this language: “Plaintiff’s motion for new trial is granted on the ground of insufficiency of the evidence to support the verdict and judgment in that the amount of damages awarded by the jury are inadequate, unless defendant shall, on or before May 1, 1964 file with the court his consent in writing that the court may make its order amending the judgment to increase the amount thereof from $850.00 to $1850.00. (See Mullin v. Kaiser etc. Hospitals, 206 Cal.App.2d 23 [ 23 Cal.Rptr. 410 ].)”

On April 30, 1964, defendant filed a document declaring that he consented to pay plaintiff $1,850 damages, plus costs, pursuant to the court’s order of April 23.

No order amending the judgment was made. Counsel inform us in their briefs that after the court made its order of April 23, 1964, it discovered that the order…