judgment to determine error (California) · Go Syfert
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judgment to determine error in California

9 California opinions name it 1 courts 1988–2024 3 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 (3)

CaseFollowedCited
Shaw v. County of Santa Cruzgreen
calctapp · 2008 · cited in 7 California opinions naming this issue, 2013–2024
2 sentences

2024In the absence of a statement of decision, we accordingly only look to the judgment to determine error. “[T]he 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 .) We also note the amount of damages awarded is generally “‘“a fact question . . . [and] an award of damages will not be disturbed if it is supported by substantial evidence.”’” (Madani v. Rabinowitz (2020) 45 Cal.App.5th 602 , 610.) Here, the judgment noted there were tr

2021In the absence of a statement of decision, a reviewing court looks only to the judgment to determine error.” (Shaw v. County of Santa Cruz (2008) 170 Cal.App.4th 229, 268 (Shaw).) Accordingly, although we will use the court’s tentative factual findings and conclusions of law as a guide in our review of the judgment, we will not construe the tentative so as to impeach the judgment.

27
In Re the Marriage of Dittogreen
calctapp · 1988 · cited in 2 California opinions naming this issue, 2013–2013
2 sentences

2013(In re Marriage of Ditto (1988) 206 Cal.App.3d 643, 646 (Ditto).) “This is because a trial court retains inherent authority to change its decision, its findings of fact, or its conclusions of law at any time before entry of judgment and then the judgment supersedes any memorandum or tentative decision or any oral comments from the bench. [Citations.] Thus, a trial judge’s prejudgment oral expressions do not bind the court or restrict its power to later declare final findings of fact and conclusions of law in the judgment. [Citation.] In the absence of a statement of decision, a reviewing court

2013(In re Marriage of Ditto (1988) 206 Cal.App.3d 643, 646 (Ditto).) “This is because a trial court retains inherent authority to change its decision, its findings of fact, or its conclusions of law at any time before entry of judgment and then the judgment supersedes any memorandum or tentative decision or any oral comments from the bench. [Citations.] Thus, a trial judge’s prejudgment oral expressions do not bind the court or restrict its power to later declare final findings of fact and conclusions of law in the judgment. [Citation.] In the absence of a statement of decision, a reviewing court

22
DARLING, HALL & RAE v. Krittgreen
calctapp · 1999 · cited in 1 California opinions naming this issue, 2008–2008
2 sentences

2008(Darling, Hall & Rae v. Kritt (1999) 75 Cal.App.4th 1148, 1156-1157 [ 89 Cal.Rptr.2d 676 ]; Taormino v. Denny, supra, 1 Cal.3d at p. 684 .) Thus, a trial judge’s prejudgment oral expressions do not bind the court or restrict its power to later declare final findings of fact and conclusions of law in the judgment. ( Ditto, supra, 206 Cal.App.3d at pp. 646-647.) In the absence of a statement of decision, a reviewing court looks only to the judgment to determine error.

2008(Darling, Hall & Rae v. Kritt (1999) 75 Cal.App.4th 1148, 1156-1157 [ 89 Cal.Rptr.2d 676 ]; Taormino v. Denny, supra, 1 Cal.3d at p. 684 .) Thus, a trial judge’s prejudgment oral expressions do not bind the court or restrict its power to later declare final findings of fact and conclusions of law in the judgment. ( Ditto, supra, 206 Cal.App.3d at pp. 646-647.) In the absence of a statement of decision, a reviewing court looks only to the judgment to determine error.

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 (4)

CaseCitedYears
Acquire II, Ltd. v. Colton Real Estate Group green
calctapp · 2013
1 sentence

2013Accordingly, the only question before us is whether the record supports the implied finding each of section 1281.2(c)’s conditions was satisfied for [the] motion. [Citations.]” (Acquire II, supra, 213 Cal.App.4th at p. 971 ; accord, Shaw v. County of Santa Cruz (2008) 170 Cal.App.4th 229, 267 [“In the absence of a statement of decision, a reviewing court looks only to the judgment to determine error”].) II.

12013–2013
Taormino v. Denny green
cal · 1970
1 sentence

2008(Darling, Hall & Rae v. Kritt (1999) 75 Cal.App.4th 1148, 1156-1157 [ 89 Cal.Rptr.2d 676 ]; Taormino v. Denny, supra, 1 Cal.3d at p. 684 .) Thus, a trial judge’s prejudgment oral expressions do not bind the court or restrict its power to later declare final findings of fact and conclusions of law in the judgment. ( Ditto, supra, 206 Cal.App.3d at pp. 646-647.) In the absence of a statement of decision, a reviewing court looks only to the judgment to determine error.

12008–2008
Yarrow v. State of California green
cal · 1960
1 sentence

1988(Beehan v. Lido Isle Community Assn. (1977) 70 Cal.App.3d 858 [ 137 Cal.Rptr. 528 ].) “An order will not be deemed to be limited by an opinion or judicial reasoning unless the intention to limit is clearly expressed in the order. . . . [Citations.] The mere statement of reasons in the order is not sufficient to show *648 such intention to limit.” (Yarrow v. State of California, supra, 53 Cal.2d 427, 438 .) In other words, we look only to the judgment to determine error.

11988–1988
Beehan v. Lido Isle Community Assn. green
calctapp · 1977
2 sentences

1988(Beehan v. Lido Isle Community Assn. (1977) 70 Cal.App.3d 858 [ 137 Cal.Rptr. 528 ].) “An order will not be deemed to be limited by an opinion or judicial reasoning unless the intention to limit is clearly expressed in the order. . . . [Citations.] The mere statement of reasons in the order is not sufficient to show *648 such intention to limit.” (Yarrow v. State of California, supra, 53 Cal.2d 427, 438 .) In other words, we look only to the judgment to determine error.

1988(Beehan v. Lido Isle Community Assn. (1977) 70 Cal.App.3d 858 [ 137 Cal.Rptr. 528 ].) “An order will not be deemed to be limited by an opinion or judicial reasoning unless the intention to limit is clearly expressed in the order. . . . [Citations.] The mere statement of reasons in the order is not sufficient to show *648 such intention to limit.” (Yarrow v. State of California, supra, 53 Cal.2d 427, 438 .) In other words, we look only to the judgment to determine error.

11988–1988

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