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.