Is a judge's failure to make required findings a reversible error?

California, United States of America


The following excerpt is from Reade v. Roizman (In re Reade), B253362 (Cal. App. 2015):

Constitution from imposing a reversible-per-se rule here." (In re Marriage of Carlsen (1996) 50 Cal.App.4th 212, 218 [child support hardship exemption].) "[T]he Legislature has not precluded us here from implying findings," and we do not "have the constitutional due process concerns presented by the imposition of sanctions [citation] or the need to protect against 'corrupt' judicial interference with the criminal process [Citation.]." (Ibid.) The failure to make required findings may constitute reversible error, but only where "the missing information is not otherwise discernible from the record." (In re Marriage of Hubner (2001) 94 Cal.App.4th 175, 183.) Put another way, "the failure to make a material finding on an issue supported by the pleadings and substantial evidence is harmless where the missing finding may reasonably be found to be implicit in other findings," or "when, under the facts of the case, the finding would necessarily have been adverse to the appellant." (Rojas v. Mitchell (1996) 50 Cal.App.4th 1445, 1450.)

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