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Civil Litigation,
California Supreme Court,
Appellate Practice

Dec. 11, 2017

Error in failing to issue statement of decision not reversible per se

The California Supreme Court was recently asked: "Is a trial court's error in failing to issue a statement of decision upon a timely request reversible per se?"

Wendy Lascher

Ferguson Case Orr Paterson LLP

Email: wlascher@fcoplaw.com

Wendy is a certified appellate law specialist by the California Board of Legal Specialization. She is a former president of the American Academy of Appellate Lawyers and is also a past president of the California Academy of Appellate Lawyers. The views expressed here are her own.

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A much-respected family law judge once told me that it was not hard for him to decide emotional issues because, "these people need a decision to get on with their lives; it does not matter as much what I decide as that I decide."

So it was with the question the Supreme Court decided in F.P. v. Monier, 2017 DJDAR 11149 (Nov. 27, 2017): "Is a trial court's error in failing to issue a statement of decision ...

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