CALIFORNIA FAMILY LAW
...Procedure After Trial/Hearing
......Statement of Decision/Findings/Reasons
.........Contents of
 17 Cards On This Topic:
  • Statement of decision shall explain factual and legal basis for court's decision as to principal controverted issues at trial.
  • Trial court not required to provide specific answers to W's 147 questions as long as the SOD fairly disclosed its determination of those issues.
  • H's contention W's parents did not make condo installment payments ran afoul of fundamental rule that when substantial evidence supports finding of statement of decision, conflicting evidence disregarded.
  • Court of Appeal not limited to the evidence cited in statement of decision in determining the sufficiency of the evidence to support a finding.
  • Failure to consider subjective and undisputed evidence, and make factual findings re disputed material issues results in Statement of Decision inadequate as matter of law.
  • Court cannot adopt reporter's transcript as statement of decision.
  • Brief findings made orally with notice of intended decision do not constitute statement of decision.
  • Contents of statement of decision. Need state only ultimate, not evidentiary, facts.
  • Upon proper request, party entitled to express finding on each issue re attorney fee award. However, failure to request computation amounts to waiver.
  • Judgment affirmed despite failure of statement of decision to set forth calculations in arriving at value of c/p interest.
  • Statement of decision must explain factual and legal basis for decision.
  • Statement of reasons in joint custody decision is less formal than statement of decision.
  • Statement of decision cannot be based on court's assumption not supported by record.
  • Statement of decision does not produce reversible error unless material issue is omitted.
  • Courts are not required to give the evidentiary detail supporting their ultimate finding of fact.
  • Failure to set forth calculations by which court arrived at different value from those presented by parties not error.
  • Statement of decision need address only principal controverted issues, not all questions listed in request.


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