• Appellate Procedure,  Post-Trial Practice,  Standard of Review,  Statement of Decision

    The Doctrine of Implied Findings is Serious Business

    Under the doctrine of implied findings, the Court of Appeal will presume that the trial court made all findings necessary to support the judgment.  The only way for the appellant to avoid that presumption is to request a statement of decision pursuant to Code of Civil Procedure section 632, and then to object, pursuant to Code of Civil Procedure section 634 (either by objection prior to entry of judgment or by statutory motion for new trial or motion to vacate the judgment), to any statement that omits necessary findings or contains ambiguous findings. There is a lot that can be written about this process, but this post is limited to…