CALIFORNIA FAMILY LAW
...Procedure After Trial/Hearing
......Statement of Decision/Findings/Reasons
.........Effect of Court's Failure to Issue
 11 Cards On This Topic:
  • Because there was a settled statement but no Statement of Decision, Court of Appeal implied findings to uphold custody order.
  • Trial court's error in failing to issue requested SOD not reversible per se where there was no miscarriage of justice calling for reversal; constitutional mandate must be obeyed.
  • Order denying petition to compel arbitration reversed where court failed to issue SOD; petition to compel heard in manner of a motion but with trial components.
  • Failure to mention prior request for written SOD when trial ct. makes oral findings waives issue on appeal.
  • If one party has properly requested a statement of decision, court is required to issue even if that party subsequently waives; both parties not required to request.
  • Court's failure to set forth factual or legal basis for characterizing home as c/p requires reversal w/directions to render statement of decision.
  • Failure to issue properly requested statement of decision is reversible error.
  • Failure to issue properly requested statement of decision renders subsequent order void.
  • Failure to issue formal statement of decision requires reversal. Labeling minute order "statement of decision" does not satisfy rule. Purposes of statement of decision.
  • Failure to issue properly requested findings is error.
  • If explanation of trial court's reasoning in settled statement is sufficient, it will be treated same as statement of decision.


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