Failure to Issue a Statement of Decision Is Not Structural Error

F.P. v. Monier, No. S216566 (Cal. Nov. 27, 2017)

After a bench trial, and despite a proper request, the court in this case failed to issue a statement of decision under Code of Civil Procedure § 632. Everyone agrees that’s error. The question presented to the Supreme Court in this case, however, is whether it’s a structural error requiring per se reversal, or whether it’s a procedural error that merits reversal only upon proof of prejudice to the appellant. See Code Civ. Proc. § 475; Cal. Const. Art. IV, § 13. The Court of Appeal said prejudice is required. And the Supreme Court agrees.

After reviewing the lengthy history of the amendments to the statute currently codified in § 632, the Court admits its jurisprudence on the topic has been somewhat inconsistent. But particularly given the removal of a mandatory retrial requirement from earlier versions of § 632, the Court holds that proof of prejudice is, in fact, required to merit a reversal for failure to follow § 632. And since the trial record contained evidence sufficient to sustain a ruling in plaintiff’s favor and the trial court did, in fact, rule in favor of the plaintiff, there’s no prejudice her that would permit a reversal for the trail court’s procedural error in failing to follow § 632.

Affirmed.

Error Per Se? No Way!

F.B. v. Monier, No. C063239 (D3 Jan. 9, 2014)

The court of appeal—departing from a consistent line of cases going back thirty years—holds that although it is error for a trial court not to enter a statement of decision, it is not reversible error per se. Because the failure to enter a statement of decision in this case did not prejudice the defendant, no reversal was merited. The court further holds that the plaintiff was entitled to a setoff against a prior settlement with a different defendant who allegedly caused the same injury, and on that ground substantially reduces the verdict.