implied findings and presume doctrine in California

2025The court shall issue a statement of decision explaining the factual and legal basis for its decision as to each of the principal controverted issues at trial upon the request of any party appearing at the trial.” For proceedings concluded in less than one calendar day, the statement of decision does not need to be in writing but “may be made orally on the record in the presence of the parties.” (§ 632.) 14 (Acquire); accord, Nellie Gail Ranch Owners Assn. v. McMullin (2016) 4 Cal.App.5th 982, 996 .) Further, we apply “the doctrine of implied findings and presume[ ] the trial court made all ne

2024(Acquire II, Ltd. v. Colton Real Estate Group (2013) 213 Cal.App.4th 959, 970 (Acquire II) [a party who “fail[s] to request a statement of decision when one is available . . . waives any objection to the trial court’s failure to make all findings necessary to support its decision”].) By not requesting a statement of decision, appellants also compel us to “appl[y] the doctrine of implied findings and presume[] the trial court made all necessary findings supported 10 by substantial evidence.” (Acquire II, supra, 213 Cal.App.4th at p. 970 .) “The question then becomes whether substantial evidence

2026The “Summary of the LLC Agreement” 3 Though the trial court did not mention adhesion in its ruling, defendants failed to request a statement of decision and so we apply “the doctrine of implied findings and presume[] the trial court made all necessary findings supported by substantial evidence.” (Carbajal v. CWPSC, Inc. (2016) 245 Cal.App.4th 227, 237 [doctrine applies to arbitration rulings].) Plaintiffs did assert below the agreements were adhesive. 7 in the Private Placement Memorandum did not mention arbitration.

2025The court shall issue a statement of decision explaining the factual and legal basis for its decision as to each of the principal controverted issues at trial upon the request of any party appearing at the trial.” For proceedings concluded in less than one calendar day, the statement of decision does not need to be in writing but “may be made orally on the record in the presence of the parties.” (§ 632.) 14 (Acquire); accord, Nellie Gail Ranch Owners Assn. v. McMullin (2016) 4 Cal.App.5th 982, 996 .) Further, we apply “the doctrine of implied findings and presume[ ] the trial court made all ne

2025“Marriage creates a fiduciary relationship between spouses.” (Brewer v. Federici (2001) 93 Cal.App.4th 1334, 1342 (Brewer), citing §§ 721, subd. (b), 1100, subd. (e), 2102.) “The confidential relationship between spouses ‘imposes a duty of the highest good faith and fair dealing,’” including the obligation for each spouse to “make full and accurate disclosure and account for separate and community property.” (Brewer, supra, 93 Cal.App.4th at p. 1342 , citing §§ 2100, subds. (b) & (c), 2102-2105.) The duty of disclosure “includes the obligation to make full disclosure to the other spouse of all

2025“Marriage creates a fiduciary relationship between spouses.” (Brewer v. Federici (2001) 93 Cal.App.4th 1334, 1342 (Brewer), citing §§ 721, subd. (b), 1100, subd. (e), 2102.) “The confidential relationship between spouses ‘imposes a duty of the highest good faith and fair dealing,’” including the obligation for each spouse to “make full and accurate disclosure and account for separate and community property.” (Brewer, supra, 93 Cal.App.4th at p. 1342 , citing §§ 2100, subds. (b) & (c), 2102-2105.) The duty of disclosure “includes the obligation to make full disclosure to the other spouse of all

2024(Associated Vendors, supra, at p. 840 [generally, where alter ego has been found, “several of the[se] factors . . . were present”].) B.