CALIFORNIA FAMILY LAW
...Procedure After Trial/Hearing
......Statement of Decision/Findings/Reasons
.........Motions
 15 Cards On This Topic:
  • Since the trial ct. is not required to make findings to support its ruling after a motion, Court of Appeal infers trial ct. made all favorable findings that are supported by substantial evidence.
  • A statement of decision is ordinarily available only after trial, not in connection with a ruling on a motion or special proceeding.
  • No abuse of discretion in not issuing SOD on motion to expunge FLARPLs—trial court may, but is not required, to issue SOD after a ruling on a motion.
  • Statement of Decision not required after motion for attorney fees and sanctions.
  • No error in failing to issue a statement of decision after a motion.
  • Since proceeding on W's OSC for pendente lite support and fees was not a trial and was not followed by a judgment, no statement of decision required.
  • Generally, trial court need not issue statement of decision after ruling on motion, even if motion involves extensive evidentiary hearings and resulting order is appealable.
  • Statement of decision not available in motion to recuse attorneys.
  • Statement of decision not required after motion for equitable relief from judgment.
  • Statement of decision not required following denial of motion to quash, although issuing one not error.
  • Statement of decision not required after attorney fee motion.
  • Findings may be required following motions/OSCs, if issues important or required for appellate review.
  • Statement of decision required in child custody proceedings.
  • Findings of fact not required after order from motion, only upon issues joined by answer in pleadings and followed by a judgment.
  • Findings not required for orders after motions.


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