What could be tentative?

Choose the adjective tentative to describe something you are unsure or hesitant about. On Monday, you can make tentative plans for the weekend, but it’s too early to commit to one party or another. Tentative, from the Latin tentātīvus, “testing, trying,” always describes something that is uncertain.

Can a judgment be affirmed without a statement of decision?

Without a statement of decision, not only will the appellate court imply all findings the evidence will support in favor of the judgment, the court must affirm the judgment if it is correct on any legal theory, even if that was not the theory the trial judge relied on and even if the judge erred in his or her reasoning.

What happens if there is no statement of decision?

On appeal, any reviewing court is required to presume that every fact essential to the judgment was proven and found by the trial court if no statement of decision was requested and/or properly objected to. As a result, failure to request a statement of decision or object to inefficiencies therein may prove fatal to any appeal of the case.

Can a trial court issue a statement of decision?

It is essentially the same thing as a statement of the court’s findings and its conclusions of fact. On appeal, any reviewing court is required to presume that every fact essential to the judgment was proven and found by the trial court if no statement of decision was requested and/or properly objected to.

Can a court amend a statement of decision?

After a final judgment is entered, a party can raise ambiguities or omissions in the statement of decision in a motion for a new trial or motion to set aside the judgement. Code of Civil Procedure §§ 657, 663. In its ruling on either motion, the court may amend the statement of decision.

Without a statement of decision, not only will the appellate court imply all findings the evidence will support in favor of the judgment, the court must affirm the judgment if it is correct on any legal theory, even if that was not the theory the trial judge relied on and even if the judge erred in his or her reasoning.

How long does a court have to prepare a statement of decision?

If a party requests a statement of decision under (d), the court must, within 30 days of announcement or service of the tentative decision, prepare and serve a proposed statement of decision and a proposed judgment on all parties that appeared at the trial, unless the court has ordered a party to prepare the statement.

On appeal, any reviewing court is required to presume that every fact essential to the judgment was proven and found by the trial court if no statement of decision was requested and/or properly objected to. As a result, failure to request a statement of decision or object to inefficiencies therein may prove fatal to any appeal of the case.

When does a court have to issue a written judgment?

If no party requests or is ordered to prepare a statement of decision and a written judgment is required, the court must prepare and serve a proposed judgment on all parties that appeared at the trial within 20 days after the announcement or service of the tentative decision or the court may order a party to prepare, serve,…