omission is harmless error (California) · Go Syfert
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omission is harmless error in California

17 California opinions name it 1 courts 1990–2025 12 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
Nunes Turfgrass, Inc. v. Vaughan-Jacklin Seed Co.green
calctapp · 1988 · cited in 5 California opinions naming this issue, 1996–2024
2 sentences

2024The court’s statement of decision is sufficient if it fairly discloses the court’s determination as to the ultimate facts and material issues in the case.’ ” (Thompson v. Asimos (2016) 6 Cal.App.5th 970, 983 (Thompson).) In other words, “though a court fails to make a finding on a particular matter, if the judgment is otherwise supported, the omission is harmless error unless the evidence is sufficient to sustain a finding in favor of the complaining party which would have the effect of countervailing or destroying other findings.” (Nunes Turfgrass, Inc. v. Vaughan-Jacklin Seed Co. (1988) 200

2022(In re Marriage of Hardin (1995) 38 Cal.App.4th 448, 453 .) And “[e]ven though a court fails to make a finding on a particular matter, if the judgment is otherwise supported, the omission is harmless error unless the evidence is sufficient to sustain a finding in favor of the complaining party.” (Nunes Turfgrass, Inc. v. Vaughan-Jacklin Seed Co. (1988) 200 Cal.App.3d 1518, 1525 (Nunes).) We acknowledge the statement of decision simply notes there are “equitable bases for [the] decision” rather than identifying a particular theory for awarding equitable relief.

45
Thompson v. Asimosgreen
calctapp · 2016 · cited in 11 California opinions naming this issue, 2020–2025
2 sentences

2025The court’s statement of decision is sufficient if it fairly discloses the court’s determination as to the ultimate facts and material issues in the case.’ ” (Thompson v. Asimos (2016) 6 Cal.App.5th 970, 983 .) Even where “ ‘a court fails to make a finding on a particular matter, if the judgment is otherwise supported, the omission is harmless error 12. unless the evidence is sufficient to sustain a finding in favor of the complaining party which would have the effect of countervailing or destroying other findings.’ ” (Ibid.) Here, the ultimate fact upon which a decision was required by the tr

2025The court’s statement of decision is sufficient if it fairly discloses the court’s determination as to the ultimate facts and material issues in the case.’ [Citations.] ‘When this rule is applied, the term “ultimate fact” generally refers to a core fact, such as an essential element of a claim.’ [Citation.] ‘Ultimate facts are distinguished from evidentiary facts and from legal conclusions.’ [Citation.] Thus, a court is not expected to make findings with regard to ‘detailed evidentiary facts or to make minute findings as to individual items of evidence.’ In addition, ‘[e]ven though a court fai

311
Eisen v. Tavangariangreen
calctapp5d · 2019 · cited in 1 California opinions naming this issue, 2025–2025
2 sentences

2025Further, as discussed above, the judgment is supported by substantial evidence in the record. 28 their property.”16 (Cf. Mendez, supra, 3 Cal.App.5th at p. 263 . [recognizing the “unavoidable clash of individual interests” in organized society, observing that “that each individual in a community must put up with a certain amount of annoyance, inconvenience and interference,” and noting that “the law of torts does not attempt to impose liability or shift the loss in every case in which one person’s conduct has some detrimental effect on another,” italics omitted]; Eisen, supra, 36 Cal.App.5th a

2025Further, as discussed above, the judgment is supported by substantial evidence in the record. 28 their property.”16 (Cf. Mendez, supra, 3 Cal.App.5th at p. 263 . [recognizing the “unavoidable clash of individual interests” in organized society, observing that “that each individual in a community must put up with a certain amount of annoyance, inconvenience and interference,” and noting that “the law of torts does not attempt to impose liability or shift the loss in every case in which one person’s conduct has some detrimental effect on another,” italics omitted]; Eisen, supra, 36 Cal.App.5th a

11
Ghirardo v. Antonioligreen
cal · 1994 · cited in 1 California opinions naming this issue, 2024–2024
1 sentence

2024The court’s statement of decision is sufficient if it fairly discloses the court’s determination as to the ultimate facts and material issues in the case.’ ” (Thompson v. Asimos (2016) 6 Cal.App.5th 970, 983 (Thompson).) In other words, “though a court fails to make a finding on a particular matter, if the judgment is otherwise supported, the omission is harmless error unless the evidence is sufficient to sustain a finding in favor of the complaining party which would have the effect of countervailing or destroying other findings.” (Nunes Turfgrass, Inc. v. Vaughan-Jacklin Seed Co. (1988) 200

11
F.People v. Moniergreen
cal · 2017 · cited in 1 California opinions naming this issue, 2023–2023
1 sentence

2023(F.P. v. Monier (2017) 3 Cal.5th 1099, 1108 [“a trial court's error in failing to issue a requested statement of decision is not reversible per se, but is subject to harmless error review”]; Thompson, supra, 6 Cal.App.5th at p. 983 [when “ ‘a court fails to make a finding on a particular matter, . . . the omission is harmless error unless the evidence is sufficient to sustain a finding in favor of the complaining party which would have the effect of countervailing or destroying other findings.’ ”].) At trial, to establish the implied easements, the Corrigans relied on, among other evidence: th

11
People v. Blessinggreen
calctapp · 1979 · cited in 1 California opinions naming this issue, 1990–1990
2 sentences

1990(People v. Porter (1987) 194 Cal.App.3d 34, 39 [ 239 Cal.Rptr. 269 ]; People v. Blessing (1979) 94 Cal.App.3d 835, 838-839 [ 155 Cal.Rptr. 780 ].) To remand for an express statement of reasons when the finding is amply supported by the record “would result in an exaltation of form over substance.” (People v. Bravot (1986) 183 Cal.App.3d 93, 98 [ 227 Cal.Rptr. 810 ].) Accordingly, if the trial court’s finding that defendant exhibited compulsive behavior in committing the offense is supported by the record and there is nothing to suggest the offense was not the result of compulsive behavior, rem

1990(People v. Porter (1987) 194 Cal.App.3d 34, 39 [ 239 Cal.Rptr. 269 ]; People v. Blessing (1979) 94 Cal.App.3d 835, 838-839 [ 155 Cal.Rptr. 780 ].) To remand for an express statement of reasons when the finding is amply supported by the record “would result in an exaltation of form over substance.” (People v. Bravot (1986) 183 Cal.App.3d 93, 98 [ 227 Cal.Rptr. 810 ].) Accordingly, if the trial court’s finding that defendant exhibited compulsive behavior in committing the offense is supported by the record and there is nothing to suggest the offense was not the result of compulsive behavior, rem

11
People v. Portergreen
calctapp · 1987 · cited in 1 California opinions naming this issue, 1990–1990
2 sentences

1990(People v. Porter (1987) 194 Cal.App.3d 34, 39 [ 239 Cal.Rptr. 269 ]; People v. Blessing (1979) 94 Cal.App.3d 835, 838-839 [ 155 Cal.Rptr. 780 ].) To remand for an express statement of reasons when the finding is amply supported by the record “would result in an exaltation of form over substance.” (People v. Bravot (1986) 183 Cal.App.3d 93, 98 [ 227 Cal.Rptr. 810 ].) Accordingly, if the trial court’s finding that defendant exhibited compulsive behavior in committing the offense is supported by the record and there is nothing to suggest the offense was not the result of compulsive behavior, rem

1990(People v. Porter (1987) 194 Cal.App.3d 34, 39 [ 239 Cal.Rptr. 269 ]; People v. Blessing (1979) 94 Cal.App.3d 835, 838-839 [ 155 Cal.Rptr. 780 ].) To remand for an express statement of reasons when the finding is amply supported by the record “would result in an exaltation of form over substance.” (People v. Bravot (1986) 183 Cal.App.3d 93, 98 [ 227 Cal.Rptr. 810 ].) Accordingly, if the trial court’s finding that defendant exhibited compulsive behavior in committing the offense is supported by the record and there is nothing to suggest the offense was not the result of compulsive behavior, rem

11
People v. Bravotgreen
calctapp · 1986 · cited in 1 California opinions naming this issue, 1990–1990
2 sentences

1990(People v. Porter (1987) 194 Cal.App.3d 34, 39 [ 239 Cal.Rptr. 269 ]; People v. Blessing (1979) 94 Cal.App.3d 835, 838-839 [ 155 Cal.Rptr. 780 ].) To remand for an express statement of reasons when the finding is amply supported by the record “would result in an exaltation of form over substance.” (People v. Bravot (1986) 183 Cal.App.3d 93, 98 [ 227 Cal.Rptr. 810 ].) Accordingly, if the trial court’s finding that defendant exhibited compulsive behavior in committing the offense is supported by the record and there is nothing to suggest the offense was not the result of compulsive behavior, rem

1990(People v. Porter (1987) 194 Cal.App.3d 34, 39 [ 239 Cal.Rptr. 269 ]; People v. Blessing (1979) 94 Cal.App.3d 835, 838-839 [ 155 Cal.Rptr. 780 ].) To remand for an express statement of reasons when the finding is amply supported by the record “would result in an exaltation of form over substance.” (People v. Bravot (1986) 183 Cal.App.3d 93, 98 [ 227 Cal.Rptr. 810 ].) Accordingly, if the trial court’s finding that defendant exhibited compulsive behavior in committing the offense is supported by the record and there is nothing to suggest the offense was not the result of compulsive behavior, rem

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 (8)

CaseCitedYears
Golden Eagle Insurance v. Foremost Insurance green
calctapp · 1993
2 sentences

2023Co. (1993) 20 Cal.App.4th 1372 , 1379–1380.) “In addition, ‘[e]ven though a court fails to make a finding on a particular matter, if the judgment is otherwise supported, the omission is harmless error unless the evidence is sufficient to sustain a finding in favor of the complaining party 45 which would have the effect of countervailing or destroying other findings.’ ” (Thompson v. Asimos, supra, 6 Cal.App.5th at p. 983 .) “The trial court is specifically authorized to designate a party to prepare the statement of decision [citations] and thus is required only to review the statement and any o

2023Co. (1993) 20 Cal.App.4th 1372 , 1379–1380.) “In addition, ‘[e]ven though a court fails to make a finding on a particular matter, if the judgment is otherwise supported, the omission is harmless error unless the evidence is sufficient to sustain a finding in favor of the complaining party 45 which would have the effect of countervailing or destroying other findings.’ ” (Thompson v. Asimos, supra, 6 Cal.App.5th at p. 983 .) “The trial court is specifically authorized to designate a party to prepare the statement of decision [citations] and thus is required only to review the statement and any o

32020–2023
Miramar Hotel Corp. v. Frank B. Hall & Co. green
calctapp · 1985
2 sentences

2023Hall & Co. (1985) 163 Cal.App.3d 1126, 1129 .) In this case, the trial court provided the proper statutory procedures.

2023Hall & Co. (1985) 163 Cal.App.3d 1126, 1129 .) In this case, the trial court provided the proper statutory procedures.

22023–2023
In Re Marriage of Hardin green
calctapp · 1995
2 sentences

2022(In re Marriage of Hardin (1995) 38 Cal.App.4th 448, 453 .) And “[e]ven though a court fails to make a finding on a particular matter, if the judgment is otherwise supported, the omission is harmless error unless the evidence is sufficient to sustain a finding in favor of the complaining party.” (Nunes Turfgrass, Inc. v. Vaughan-Jacklin Seed Co. (1988) 200 Cal.App.3d 1518, 1525 (Nunes).) We acknowledge the statement of decision simply notes there are “equitable bases for [the] decision” rather than identifying a particular theory for awarding equitable relief.

2022(In re Marriage of Hardin (1995) 38 Cal.App.4th 448, 453 .) And “[e]ven though a court fails to make a finding on a particular matter, if the judgment is otherwise supported, the omission is harmless error unless the evidence is sufficient to sustain a finding in favor of the complaining party.” (Nunes Turfgrass, Inc. v. Vaughan-Jacklin Seed Co. (1988) 200 Cal.App.3d 1518, 1525 (Nunes).) We acknowledge the statement of decision simply notes there are “equitable bases for [the] decision” rather than identifying a particular theory for awarding equitable relief.

22022–2022
Mendez v. Rancho Valencia Resort Partners CA4/1 green
calctapp · 2016
1 sentence

2025Further, as discussed above, the judgment is supported by substantial evidence in the record. 28 their property.”16 (Cf. Mendez, supra, 3 Cal.App.5th at p. 263 . [recognizing the “unavoidable clash of individual interests” in organized society, observing that “that each individual in a community must put up with a certain amount of annoyance, inconvenience and interference,” and noting that “the law of torts does not attempt to impose liability or shift the loss in every case in which one person’s conduct has some detrimental effect on another,” italics omitted]; Eisen, supra, 36 Cal.App.5th a

12025–2025
Rye v. Tahoe Truckee Sierra Disposal Co. green
calctapp · 2013
1 sentence

2023“An exclusive easement is the right of the holder of the easement to exclude everyone, including the servient owner, from use of the land within the easement boundaries.” (Rye v. Tahoe Truckee Sierra Disposal Co., Inc. (2013) 222 Cal.App.4th 84, 93 .) “In contrast to a non-exclusive easement, wherein the servient owner . . . may continue to use the easement area so long as such use does not unreasonably interfere with the use by the dominant owner . . . , an exclusive easement only permits the dominant owner to use the easement area.” (Romero v. Shih (2022) 78 Cal.App.5th 326 , 349, rev. grant

12023–2023
Hansen v. Sandridge Partners, L.P. green
calctapp5d · 2018
2 sentences

2023“An exclusive easement is the right of the holder of the easement to exclude everyone, including the servient owner, from use of the land within the easement boundaries.” (Rye v. Tahoe Truckee Sierra Disposal Co., Inc. (2013) 222 Cal.App.4th 84, 93 .) “In contrast to a non-exclusive easement, wherein the servient owner . . . may continue to use the easement area so long as such use does not unreasonably interfere with the use by the dominant owner . . . , an exclusive easement only permits the dominant owner to use the easement area.” (Romero v. Shih (2022) 78 Cal.App.5th 326 , 349, rev. grant

2023“An exclusive easement is the right of the holder of the easement to exclude everyone, including the servient owner, from use of the land within the easement boundaries.” (Rye v. Tahoe Truckee Sierra Disposal Co., Inc. (2013) 222 Cal.App.4th 84, 93 .) “In contrast to a non-exclusive easement, wherein the servient owner . . . may continue to use the easement area so long as such use does not unreasonably interfere with the use by the dominant owner . . . , an exclusive easement only permits the dominant owner to use the easement area.” (Romero v. Shih (2022) 78 Cal.App.5th 326 , 349, rev. grant

12023–2023
Kazensky v. City of Merced green
calctapp · 1998
1 sentence

2020(Thompson, supra, 6 Cal.App.5th at p. 981.) Further, even where a court fails to make a finding on a particular matter, “if the judgment is otherwise supported, the omission is harmless error unless the evidence is sufficient to sustain a finding in favor of the complaining party which would have the effect of countervailing or destroying other findings.” (Id. at p. 983, Kazensky, supra, 65 Cal.App.4th at pp. 67- 68.) Rios’s testimony established that she unequivocally believed that Downs was lying to her during their conversation.

12020–2020
Central Valley General Hospital v. Smith green
calctapp · 2008
1 sentence

2020Co. (1993) 20 Cal.App.4th 1372, 1379-1380 ; Thompson, supra, 6 Cal.App.5th at p. 982 .) “When this rule is applied, the term ‘ultimate fact’ generally refers to a core fact, such as an essential element of a claim. [Citation.] Ultimate facts are distinguished from evidentiary facts and from legal conclusions.” (Central Valley General Hospital v. Smith (2008) 162 Cal.App.4th 501, 513 .) “Thus, a court is not expected to make findings with regard to ‘detailed evidentiary facts or to make minute findings as to individual items of evidence.’” (Thompson, at p. 983.) Further, “‘[e]ven though a court

12020–2020

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