California, United States of America
The following excerpt is from Building Industry Ass'n of Southern California, Inc. v. City of Camarillo, 168 Cal.App.3d 27, 213 Cal.Rptr. 816 (Cal. App. 1985):
Under the stipulation the judgment resolves "all causes of action pending between the parties" and "the proceeding in which it was rendered" is no longer pending. (Trani v. R.G. Hohman Enterprises, Inc. (1975) 52 Cal.App.3d 314, 315-316, 125 Cal.Rptr. 34.) A trial is required only in the event an appellate court reverses the trial court's determination of who has the burden of proof on the remaining issue. This differs completely from Niederer v. Ferreira (1983) 150 Cal.App.3d 219, 197 Cal.Rptr. 685, cited in the concurring opinion, in which the issue of lack of consideration for a promissory note remained for determination between the parties regardless of the outcome on appeal.
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