Richard

Richard v. Drivon

Good Law
105 Cal. Rptr. 124·1972 Cal. App. LEXIS 806·28 Cal. App. 3d 896
Court of Appeal of CaliforniaNovember 14, 1972Civ. No. 30762California537 words

Opinion

Lead Opinion

The court made the remarks alleged to be prejudicial after the testimony regarding the existence of the loans from the father-in-law was essentially concluded. An examination of the record demonstrates no error or prejudice to appellant from the court’s remarks. Since the determination was supported by substantial, and almost conclusive evidence (including that of appellant), that determination must be accepted by this court on appeal. (Small v. Smith (1971) 16 Cal.App.3d 450 [ 94 Cal.Rptr. 136 ].)

The reporter’s transcript shows that the court indicated its intention to *898 receive expert testimony as to the valuation of the home. Assent of the parties is implied from the failure to object to this procedure by the court at any time, during the hearing or subsequently. The court had the authority, on its own motion, to appoint an expert to assist it in determining the value of the property. (Evid. Code, § 730.) Since the other factors used in reaching figures for valuation of the property were not in evidence before the court during the oral hearing, it may reasonably be inferred that the court acted properly and based these figures on the expert evidence. “It is…

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