implied findings and presumes the trial doctrine (California) · Go Syfert
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implied findings and presumes the trial doctrine in California

24 California opinions name it 1 courts 2013–2025 14 in the last five years

The cases below were cited by California courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (8)

CaseFollowedCited
Molecular Analytical Systems v. Ciphergen Biosystems, Inc.green
calctapp · 2010 · cited in 2 California opinions naming this issue, 2021–2021
2 sentences

2021(Brown v. Wells Fargo Bank, N.A. (2008) 168 Cal.App.4th 938, 953 ; see Molecular Analytical Systems v. Ciphergen Biosystems, Inc. (2010) 186 Cal.App.4th 696, 707 .) Here, although the parties do not agree on the date respondent accepted Altamed’s offer letter, that date is relevant only in relation to her signature on the arbitration agreement.

2021(Brown v. Wells Fargo Bank, N.A. (2008) 168 Cal.App.4th 938, 953 ; see Molecular Analytical Systems v. Ciphergen Biosystems, Inc. (2010) 186 Cal.App.4th 696, 707 .) Here, although the parties do not agree on the date respondent accepted Altamed’s offer letter, that date is relevant only in relation to her signature on the arbitration agreement.

22
Gee v. American Realty & Construction Inc.green
calctapp · 2002 · cited in 2 California opinions naming this issue, 2014–2014
2 sentences

2014(Gee v. American Realty & Construction, Inc. (2002) 99 Cal.App.4th 1412, 1416 (Gee).) As we discuss, defendants failed to meet their burden of establishing any reversible error by the trial court because they failed to provide an adequate record demonstrating such error.

2014(Gee v. American Realty & Construction, Inc. (2002) 99 Cal.App.4th 1412, 1416 (Gee).) As we discuss, defendants failed to meet their burden of establishing any reversible error by the trial court because they failed to provide an adequate record demonstrating such error.

22
Acquire II, Ltd. v. Colton Real Estate Groupgreen
calctapp · 2013 · cited in 15 California opinions naming this issue, 2014–2023
2 sentences

2023Second, the appellate court applies the doctrine of implied findings and presumes the trial court made all necessary findings supported by substantial evidence.” (Acquire II, Ltd., supra, 213 Cal.App.4th at p. 970 [applying these principles in an appeal from an order denying a motion to compel arbitration].) Accordingly, we presume the trial court found the agreement was permeated with substantive unconscionability.

2022Second, the appellate court applies the doctrine of implied findings and presumes the trial court made all necessary findings supported by substantial evidence.’ ” (Carbajal v. CWPSC, Inc. (2016) 245 Cal.App.4th 227, 237 , quoting Acquire II, Ltd. v. Colton Real Estate Group (2013) 213 Cal.App.4th 959, 970 .) Stated another way, under the doctrine of implied findings, “the necessary findings of ultimate facts will be implied and the only issue on appeal is whether the implied findings are supported by substantial evidence.” (Shaw v. County of Santa Cruz (2008) 170 Cal.App.4th 229, 267 (Shaw).)

115
Fladeboe v. American Isuzu Motors Inc.green
calctapp · 2007 · cited in 5 California opinions naming this issue, 2013–2022
2 sentences

2022Second, the appellate court applies the doctrine of implied findings and presumes the trial court made all necessary findings supported by substantial evidence.’ ” (Carbajal v. CWPSC, Inc. (2016) 245 Cal.App.4th 227, 237 , quoting Acquire II, Ltd. v. Colton Real Estate Group (2013) 213 Cal.App.4th 959, 970 .) Stated another way, under the doctrine of implied findings, “the necessary findings of ultimate facts will be implied and the only issue on appeal is whether the implied findings are supported by substantial evidence.” (Shaw v. County of Santa Cruz (2008) 170 Cal.App.4th 229, 267 (Shaw).)

2021Second, the appellate court applies the doctrine of implied findings and presumes the trial court made all necessary findings supported by substantial evidence.” (Acquire II, supra, 213 Cal.App.4th at p. 970 .) “The question then becomes whether substantial evidence supports the implied factual findings.” (Fladeboe, supra, 150 Cal.App.4th at p. 48 .) The doctrine of implied findings thus “requires us to infer the trial court impliedly made every factual finding necessary” (Fladeboe, supra, 150 Cal.App.4th at p. 48 ) to conclude that Han and the defendant entities were alter egos of Top86, incl

15
McHugh v. Orange County Department of Child Support Servicesgreen
calctapp · 2014 · cited in 1 California opinions naming this issue, 2025–2025
1 sentence

2025Second, the appellate court applies the doctrine of implied findings and presumes the trial court made all necessary findings supported by substantial evidence.’ ” (Nellie Gail Ranch Owners Assn. v. McMullin (2016) 4 Cal.App.5th 982, 996 ; see also In re Marriage of McHugh (2014) 231 Cal.App.4th 1238, 1248 [“ ‘when parties waive a statement of decision expressly or by not requesting one in a timely manner, appellate courts reviewing the appealed judgment must presume the trial court made all factual findings necessary to support the judgment for which there is substantial evidence.’ [Citations

11
Denham v. Superior Courtgreen
cal · 1970 · cited in 1 California opinions naming this issue, 2023–2023
1 sentence

2023Second, the appellate court applies the doctrine of implied findings and presumes the trial court made all necessary findings supported by substantial evidence. [Citations.] This doctrine ‘is a natural and logical corollary to three fundamental principles of appellate review: (1) a judgment is presumed correct; (2) all intendments and presumptions are indulged in favor of correctness; and (3) the appellant bears the burden of providing an adequate record affirmatively proving error.’ [Citation.]” (Ibid.; see also Denham v. Superior Court (1970) 2 Cal.3d 557, 564 [“ ‘All intendments and presump

11
Shaw v. County of Santa Cruzgreen
calctapp · 2008 · cited in 1 California opinions naming this issue, 2022–2022
1 sentence

2022Second, the appellate court applies the doctrine of implied findings and presumes the trial court made all necessary findings supported by substantial evidence.’ ” (Carbajal v. CWPSC, Inc. (2016) 245 Cal.App.4th 227, 237 , quoting Acquire II, Ltd. v. Colton Real Estate Group (2013) 213 Cal.App.4th 959, 970 .) Stated another way, under the doctrine of implied findings, “the necessary findings of ultimate facts will be implied and the only issue on appeal is whether the implied findings are supported by substantial evidence.” (Shaw v. County of Santa Cruz (2008) 170 Cal.App.4th 229, 267 (Shaw).)

11
Metis Development LLC v. Bohacekgreen
calctapp · 2011 · cited in 1 California opinions naming this issue, 2013–2013
1 sentence

2013(Agri-Systems, supra, 168 Cal.App.4th at p. 1135 ; Metis, supra, 200 Cal.App.4th at p. 691, fn. 7 .) This doctrine “is a natural and logical corollary to three fundamental principles of appellate review: (1) a judgment is presumed correct; (2) all intendments and presumptions are indulged in favor of correctness; and (3) the appellant bears the burden of providing an adequate record affirmatively proving error.” (Fladeboe v. American Isuzu Motors Inc. (2007) 150 Cal.App.4th 42, 58 [ 58 Cal.Rptr.3d 225 ].) Here, section 1291 permitted Defendants to request a statement of decision on the princip

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in California. Read the followed side critically anyway.

Also cited on this issue (9)

CaseCitedYears
Nellie Gail Ranch Owners Ass'n v. McMullin green
calctapp · 2016
2 sentences

2025Second, the appellate court applies the doctrine of implied findings and presumes the trial court made all necessary findings supported by substantial evidence.’ ” (Nellie Gail Ranch Owners Assn. v. McMullin (2016) 4 Cal.App.5th 982, 996 ; see also In re Marriage of McHugh (2014) 231 Cal.App.4th 1238, 1248 [“ ‘when parties waive a statement of decision expressly or by not requesting one in a timely manner, appellate courts reviewing the appealed judgment must presume the trial court made all factual findings necessary to support the judgment for which there is substantial evidence.’ [Citations

2023Second, the appellate court applies the doctrine of implied findings and presumes the trial court made all necessary findings supported by substantial evidence. [Citations.] This doctrine “is a natural and logical corollary to three fundamental principles of appellate review: (1) a judgment is presumed correct; (2) all intendments and presumptions are indulged in favor of correctness; and (3) the appellant bears the burden of providing an adequate record affirmatively proving error.” ’ ” (Nellie Gail Ranch Owners Assn. v. McMullin (2016) 4 Cal.App.5th 982, 996 ; see Prob.

32022–2025
Carbajal v. CWPSC, Inc. green
calctapp · 2016
2 sentences

2023Second, the appellate court applies the doctrine of implied findings and presumes the trial court made all necessary findings supported by substantial evidence. [Citations.]’” (Carbajal v. CWPSC, Inc. (2016) 245 Cal.App.4th 227, 237 .) Based upon the above, we review for substantial evidence and apply the doctrine of implied findings if substantial evidence supports an implied finding.

2023Second, the appellate court applies the doctrine of implied findings and presumes the trial court made all necessary findings supported by substantial evidence. [Citations.]’ [Citation.]” (Carbajal v. CWPSC, Inc. (2016) 245 Cal.App.4th 227, 237 .) Based on the particular circumstances here, we conclude the doctrine is immaterial for our review because the appellate record adequately shows what the judge found.

32022–2023
Avery v. Integrated Healthcare Holdings CA4/3 green
calctapp · 2013
2 sentences

2021Second, the appellate court applies the doctrine of implied findings and presumes the trial court made all necessary findings supported by substantial evidence.” (Acquire II, Ltd. v. Colton Real Estate Group (2013) 213 Cal.App.4th 959, 970 .) At the same time, “[i]nterpreting a written document to determine whether it is an enforceable arbitration agreement is a question of law subject to de novo review when the parties do not offer conflicting extrinsic evidence regarding the document’s meaning.” (Avery v. Integrated Healthcare Holdings, Inc. (2013) 218 Cal.App.4th 50, 60 .) Similarly, if the

2021Second, the appellate court applies the doctrine of implied findings and presumes the trial court made all necessary findings supported by substantial evidence.” (Acquire II, Ltd. v. Colton Real Estate Group (2013) 213 Cal.App.4th 959, 970 .) At the same time, “[i]nterpreting a written document to determine whether it is an enforceable arbitration agreement is a question of law subject to de novo review when the parties do not offer conflicting extrinsic evidence regarding the document’s meaning.” (Avery v. Integrated Healthcare Holdings, Inc. (2013) 218 Cal.App.4th 50, 60 .) Similarly, if the

22021–2021
Brown v. Wells Fargo Bank, N.A. green
calctapp · 2008
2 sentences

2021(Brown v. Wells Fargo Bank, N.A. (2008) 168 Cal.App.4th 938, 953 ; see Molecular Analytical Systems v. Ciphergen Biosystems, Inc. (2010) 186 Cal.App.4th 696, 707 .) Here, although the parties do not agree on the date respondent accepted Altamed’s offer letter, that date is relevant only in relation to her signature on the arbitration agreement.

2021(Brown v. Wells Fargo Bank, N.A. (2008) 168 Cal.App.4th 938, 953 ; see Molecular Analytical Systems v. Ciphergen Biosystems, Inc. (2010) 186 Cal.App.4th 696, 707 .) Here, although the parties do not agree on the date respondent accepted Altamed’s offer letter, that date is relevant only in relation to her signature on the arbitration agreement.

22021–2021
Agri-Systems, Inc. v. Foster Poultry Farms green
calctapp · 2008
2 sentences

2015Second, the appellate court applies the doctrine of implied findings and presumes the trial court made all necessary findings supported by substantial evidence. ( Agri-Systems, supra, 168 Cal.App.4th 1128 at p. 1135 .) This doctrine “is a natural and logical corollary to three fundamental principles of appellate review: (1) a judgment is presumed correct; (2) all intendments and presumptions are indulged in favor of correctness; and (3) the appellant bears the burden of providing an adequate record affirmatively proving error.” (Fladeboe v. American Isuzu Motors, Inc. (2007) 150 Cal.App.4th 42

2015Second, the appellate court applies the doctrine of implied findings and presumes the trial court made all necessary findings supported by substantial evidence. ( Agri-Systems, supra, 168 Cal.App.4th 1128 at p. 1135 .) This doctrine “is a natural and logical corollary to three fundamental principles of appellate review: (1) a judgment is presumed correct; (2) all intendments and presumptions are indulged in favor of correctness; and (3) the appellant bears the burden of providing an adequate record affirmatively proving error.” (Fladeboe v. American Isuzu Motors, Inc. (2007) 150 Cal.App.4th 42

22013–2015
Parsons v. Bristol Development Co. green
cal · 1965
1 sentence

2023(Parsons v. Bristol Development Co. (1965) 62 Cal.2d 861, 865 .) When a contract is ambiguous and its interpretation requires assessing the credibility of properly admitted but 6 conflicting extrinsic evidence, however, interpreting the contract is a question of fact.

12023–2023
Sonora Diamond Corp. v. Superior Court green
calctapp · 2000
1 sentence

2021Second, the appellate court applies the doctrine of implied findings and presumes the trial court made all necessary findings supported by substantial evidence.” (Acquire II, supra, 213 Cal.App.4th at p. 970 .) “The question then becomes whether substantial evidence supports the implied factual findings.” (Fladeboe, supra, 150 Cal.App.4th at p. 48 .) The doctrine of implied findings thus “requires us to infer the trial court impliedly made every factual finding necessary” (Fladeboe, supra, 150 Cal.App.4th at p. 48 ) to conclude that Han and the defendant entities were alter egos of Top86, incl

12021–2021
Ferguson v. Yaspan CA2/2 green
calctapp · 2014
1 sentence

2019(Ferguson v. Yaspan (2014) 233 Cal.App.4th 676, 682 .) We resolve all conflicts in the evidence in favor of the judgment, do not reweigh the evidence, and are bound by the fact finder’s credibility determinations.

12019–2019
DRG/Beverly Hills, Ltd. v. Chopstix Dim Sum Cafe and Takeout III, Ltd. green
calctapp · 1994
1 sentence

2016Second, the appellate court applies the doctrine of implied findings and presumes the trial court made all necessary findings supported by substantial evidence. [Citations.]” (Acquire II, Ltd. v. Colton Real Estate Group (2013) 213 Cal.App.4th 959, 970 .) The Trust cites DRG/Beverly Hills, Ltd. v. Chopstix Dim Sum Cafe & Takeout III, Ltd. (1994) 30 Cal.App.4th 54 .

12016–2016

Statutes the citing opinions construe

USC § 9u.s.c.1 (5) USC § 9u.s.c.2 (5) CA § Cal. Civil Code § 1670.5 (4)

Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.

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