What is the test for a request for a statement of decision under the current statute and rule?

California, United States of America


The following excerpt is from Staten v. Heale, 57 Cal.App.4th 1084, 68 Cal.Rptr.2d 35 (Cal. App. 1997):

Furthermore, the only decisions we have found which discuss the timeliness of requests for statements of decision under the current statute and rule suggest that the key event for determining timeliness is the date of receipt in the trial court. (Gordon v. Wolfe (1986) 179 Cal.App.3d 162, 167, 224 [57 Cal.App.4th 1091] Cal.Rptr. 481; In re Marriage of McDole, supra, 176 Cal.App.3d at pp. 218-219, 221 Cal.Rptr. 734.) While these decisions did not address the issue before us now and are therefore not dispositive on this point, they give no comfort to plaintiff.

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