BROWN v. SUPERIOR COURT IN AND FOR LOS ANGELES COUNTY (1938)

The petition for hearing is denied. The decision of the District Court of Appeal discharges the order to show cause theretofore issued by said court upon petitioner's application made under section 652, Code of Civil Procedure, as amended by St.1933, p. 1836. Said appellate court decision does not dismiss the appeal taken by petitioner from the orders of the superior court of Los Angeles county denying petitioner's motions to vacate the judgment entered against him.

The decision of the appellate court states that upon the hearing of petitioner's motions to vacate said judgment other evidence was presented by the plaintiff in addition to the judgment rolls contained in the transcript. Petitioner contends that this statement, taken by the appellate court from the response filed by respondent to the order to show cause, is incorrect.

The petitioner's contention is that the judgment entered against him is absolutely void on the judgment rolls of the first and second trials. The record presented contains the judgment roll of both the first and second trials, certified as ‘full, true and correct’ by the clerk, who is the proper official to certify judgment rolls. Section 953, Code of Civil Procedure. In addition there is the certificate of the trial judge appended to the entire transcript that it is ‘true and correct.’ Petitioner is not prejudiced by the failure of the judge's certificate to certify that said transcript is ‘full, true and correct.’

PER CURIAM.