Does a statement of decision need to be issued when a preliminary injunction is granted?

California, United States of America


The following excerpt is from City of Los Altos v. Barnes, 3 Cal.App.4th 1193, 5 Cal.Rptr.2d 77 (Cal. App. 1992):

Second, Barnes did not request a statement of decision, and even if she had, the trial court was not obligated to provide one. (People v. Landlords Professional Services, Inc. (1986) 178 Cal.App.3d 68, 223 Cal.Rptr. 483.) In People v. Landlords Professional Services, Inc. the court concluded a statement of decision was not required when a preliminary injunction was granted. In that case, defendants requested a statement of decision, but the trial court refused to issue one. On appeal, the court reasoned that Code of Civil Procedure section 632 authorized statements of decisions upon " 'the trial of a question of fact by the court....' " (178 Cal.App.3d at p. 70, 223 Cal.Rptr. 483, emphasis added.) Because a hearing on a preliminary injunction was not the equivalent of a trial, the court determined that a statement of decision was not required.

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