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Objecting to a statement of decision in California

by Stan Burman

Objecting to a statement of decision in California is the topic of this blog post.

Objecting to a statement of decision in California requires the filing and service of a formal objection to the statement of decision which must be served and filed within 15 days after the proposed statement of decision has been served pursuant to California Rule of Court 3.1590(g) which states that, “Any party may, within 15 days after the proposed statement of decision and judgment have been served, serve and file objections to the proposed statement of decision or judgment.”

If you have been served with a proposed statement of decision you should carefully review it to determine if it complies with California requirements for a statement of decision.  In my experience the statement of decision is often prepared by the counsel for the opposing party who has every incentive to include only vague and conclusory statements or legal conclusions instead of ultimate facts.

The statement of decision must explain the legal and factual basis of the decision “as to each of the principal controverted issues” at trial. See Code of Civil Procedure § 632.

A California Court of Appeal has stated that the statement of decision must disclose the determination of the court on ALL issues of fact decided at the trial. Thus statements that are essentially legal conclusions such as “A contract existed between the parties” or “coverage existed under an insurance policy are not sufficient.

Attorneys or parties in California who would like to view a sample 9 page objection to a statement of decision sold by the author can use the link shown below.

Sample Objections to Statement of Decision for California by Stan Burman on Scribd



The author of this blog post, Stan Burman, is a freelance paralegal who has worked in California and Federal litigation since 1995.  For licensed attorneys and law firms that need assistance with any California or Federal litigation matters, Mr.  Burman is available on a freelance basis. Mr. Burman may be contacted by e-mail at DivParalgl@yahoo.com for more information. He accepts payments through PayPal which means that you can pay using most credit or debit cards.

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To view over 300 sample legal documents for sale visit: www.scribd.com/LegalDocsPro

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DISCLAIMER:

Please note that the author of this blog post, Stan Burman is NOT an attorney and as such is unable to provide any specific legal advice. The author is NOT engaged in providing any legal, financial, or other professional services, and any information contained in this blog post is NOT intended to constitute legal advice.

The materials and information contained in this blog post have been prepared by Stan Burman for informational purposes only and are not legal advice. Transmission of the information contained in this blog post is not intended to create, and receipt does not constitute, any business relationship between the author and any readers. Readers should not act upon this information without seeking professional counsel.

 

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