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Objection to statement of decision in dissolution (divorce) case in California

An objection to a statement of decision in a dissolution (divorce) case in California is the topic of this blog post.   Any objections to a statement of decision in California must be served and filed within 15 days after the proposed statement of decision has been served pursuant to California Rule of Court 3.1590(g) which states that, “Any party may, within 15 days after the proposed statement of decision and judgment have been served, serve and file objections to the proposed statement of decision or judgment.”

Objections to a statement of decision may be filed in a legal separation, nullity or other family law case in California pursuant to Family Code section 210 which states that, “Except to the extent that any other statute or rules adopted by the Judicial Council provide applicable rules, the rules of practice and procedure applicable to civil actions generally, including the provisions of Title 3a (commencing with Section 391) of Part 2 of the Code of Civil Procedure, apply to, and constitute the rules of practice and procedure in, proceedings under this code.”

Anyone served with any proposed statement of decision should carefully review it to determine if it complies with California requirements for a statement of decision. In certain cases the statement of decision is prepared by counsel for the opposing party who may have an incentive to include only vague and conclusory statements or legal conclusions instead of ultimate facts.

The statement of decision must also explain the legal and factual basis of the decision “as to each of the principal controverted issues” at trial. See Code of Civil Procedure § 632.

A California Court of Appeal has stated that the statement of decision must disclose the determination of the court on ALL issues of fact decided at the trial. Thus statements that are essentially legal conclusions such as “A contract existed between the parties” or “coverage existed under an insurance policy” are not sufficient.

Attorneys or parties in California who would like to view a sample 11 page objection to a statement of decision in a divorce case sold by the author can see below.

Attorneys or parties in California that would like more information on a California divorce litigation document package containing over 45 sample documents including sample objections to a statement of decision can use the link shown below.

California divorce litigation document package

The author of this blog post, Stan Burman, is an entrepreneur and freelance paralegal who has worked in California and Federal litigation since 1995 and has created over 300 sample legal documents for California and Federal litigation.

You can view portions of over 300 sample legal documents for California and Federal litigation at http://www.scribd.com/LegalDocsPro

*Do you want to use this article on your website, blog or e-zine? You can, as long as you include this blurb with it: “Stan Burman is the author of over 300 sample legal documents for California and Federal litigation and is the author of a free weekly legal newsletter. You can receive 10 free gifts just for subscribing. Just visit http://freeweeklylegalnewsletter.gr8.com/ for more information.

Follow the author on Twitter at: https://twitter.com/LegalDocsPro

You can view sample legal document packages for sale by going to http://www.legaldocspro.com/downloads.aspx

DISCLAIMER:

Please note that the author of this blog post, Stan Burman is NOT an attorney and as such is unable to provide any specific legal advice. The author is NOT engaged in providing any legal, financial, or other professional services, and any information contained in this blog post is NOT intended to constitute legal advice.

The materials and information contained in this blog post have been prepared by Stan Burman for informational purposes only and are not legal advice. Transmission of the information contained in this blog post is not intended to create, and receipt does not constitute, any business relationship between the author and any readers. Readers should not act upon this information without seeking professional counsel.

 

 

 

 

 

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