CALIFORNIA FAMILY LAW
...Procedure After Trial/Hearing
......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.