Wednesday, July 3, 2019

No Facts, No Statement of Decision

Jackpot Harvesting, Inc. v. Applied Underwriters, No. H044953 (D6 Mar. 28, 2019)

Section 632 of the Code of Civil Procedure requires a court to follow a process to create a statement of decision when issuing an appealable order that decides a question of fact. More specifically, § 1291 requires the court to create a statement of decision when it enters an appealable order regarding arbitration. Plaintiff here complains that the trial court didn’t follow the process in denying its motion to compel and therefore that it erred. But the trial court didn’t find any facts―it just interpreted undisputed contractual provisions. Since that’s reviewed de novo, the Court of Appeal holds that the trial court’s somewhat sparse order denying the motion was adequate.

Affirmed.

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