CALIFORNIA FAMILY LAW
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Procedure After Trial/Hearing
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Statement of Decision/Findings/Reasons
.........Effect of Failure to Request
7 Cards On This Topic:
Absent statement of decision, Court of Appeal need only look to see if substantial evidence supports order. Trial court assumed to have made all necessary findings.
If explanation of trial court's reasoning in settled statement is sufficient, will be treated same as statement of decision.
In absence of statement of decision, trial court will be sustained if substantial evidence supports its decision.
Memorandum of intended decision not considered on appeal in lieu of statement of decision.
In absence of findings or statement of decision, all evidence will be viewed favorably to trial court and prevailing party.
In absence of requested findings, appellate court presumes trial court acted properly.
In absence of statement of decision, earning capacity argument rejected on appeal.