California, United States of America
The following excerpt is from Pub. Serv. Mut. Ins. Co. v. Svetlik, A144803 (Cal. App. 2017):
"invited the error of which it now complains" and cannot argue on appeal that the court erred by not following the procedure in Code of Civil Procedure section 663. (See City of Scotts Valley v. County of Santa Cruz (2011) 201 Cal.App.4th 1, 29.) Third, "Code of Civil Procedure section 663, by its own terms, applies only to a decision of the court based upon facts or to a special verdict of a jury. 'A motion to vacate under [Code of Civil Procedure] section 663 is a remedy to be used when a trial court draws incorrect conclusions of law or renders an erroneous judgment on the basis of uncontroverted evidence.' [Citation.]" (Plaza Hollister Ltd. Partnership v. County of San Benito (1999) 72 Cal.App.4th 1, 14.) Here, the court did not draw an incorrect legal conclusion or render an erroneous judgment based on uncontroverted evidence.
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