F.P. v. Monier

The Supreme Court affirmed the judgment of the court of appeal ruling that a court’s error in failing to issue a statement of decision as required by Cal. Code Civ. Proc. 632 is not reversible per se but is subject to harmless error review.The trial court issued a tentative decision finding that Defendant committed acts of sexual assault against Plaintiff and that Defendant’s conduct was a substantial factor in causing Plaintiff’s injuries. Plaintiff’s counsel submitted a proposed judgment to the court. The court signed the judgment without issuing a separate statement of decision. Defendant appealed, arguing that the trial court erred in failing to issue a statement of decision and that the error was reversible per se. The court of appeals concluded that the trial court erred but that the error did not result in a miscarriage of justice. The Supreme Court affirmed, holding that a trial court’s error in failing to issue a statement of decision upon a timely request is not reversible per se but is, rather, subject to harmless error review. View "F.P. v. Monier" on Justia Law