When a party opposing an attorney fees motion fails to request a statement of decision with specific findings, does the party have to affirmatively show error on the part of the trial court?
California, United States of America
The following excerpt is from Hammond v. Promenade Imports LLC, D070448 (Cal. App. 2016):
7. Further when a party opposing an attorney fees motion fails to request a statement of decision with specific findings, all intendments and presumptions are indulged to support the judgment on which the record is silent. The party must affirmatively show error on the part of the trial court. (Ketchum v. Moses (2001) 24 Cal.4th 1122, 1140-1141.)
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
Does defendant fail to show prejudice in a motion where the trial court failed to sustain his objection to a finding that the evidentiary error was prejudicial? (California, United States of America)
If defendant fails to establish all the errors of the trial court as a cumulative result of the cumulative error, can he continue to argue that the cumulative effect of the error was harmless beyond a reasonable doubt and mandates reversal? (California, United States of America)
How have we dealt with the Attorney General's contention that a defendant forfeited any claim of error by failing to object or request modification to an instruction in the trial court? (California, United States of America)
Can a property owner recover attorney fees if the court finds the County Board failed to make requested findings? (California, United States of America)
Does a motion for a new trial need to be denied because the trial court did not abuse its discretion in denying the motion for new trial? (California, United States of America)
What is the standard of review for a motion of appeal against a finding that the trial court erred in failing to grant a new trial on the grounds of misconduct of counsel? (California, United States of America)
When a defendant makes a mid-trial motion to revoke his self represented status and have standby counsel appointed for the remainder of the trial, does the trial court have a duty to manage the trial? (California, United States of America)
Can a party argue on appeal that the court failed to give a specific instruction when that party did not request such instruction? (California, United States of America)
Does a party forfeits their claim of error if they fail to report the error to the trial court in a timely manner? (California, United States of America)
Can a party argue on appeal that the court failed to give a specific instruction when that party did not request such instruction? (California, United States of America)
