Southwestern Investment Corp. v. City of Los Angeles

I dissent.

The majority opinion correctly states the rule as announced by the decisions of this court and the District Courts of Appeal with respect to when a remittitur may he recalled, and it is in the application of the rule to the facts of the case at bar that I disagree with the majority. On the other hand, I agree with the views expressed in the opinion prepared by Mr. Presiding Justice White when this case was *631before the District Court of Appeal, Second Appellate District, Division One (* (Cal.App.) 235 P.2d 388).

The line of cleavage between what constitutes mistake or inadvertence and…