California, United States of America
The following excerpt is from Taghavi v. Afkham, C068768 (Cal. App. 2013):
While it is true that a trial court cannot modify its findings nunc pro tunc in a subsequent order for the purpose of affirming the judgment (Elsea v. Saberi (1992) 4 Cal.App.4th 625, 629), Taghavi is precluded from raising this issue on appeal for a different reason. The April 2012 order is competent to establish that in the trial court, Taghavi has and continues to refuse to accept supervised visitation as an alternative. As a matter of judicial estoppel, she consequently cannot maintain a contrary position here to trifle with this court.
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.