Does the absence of a Statement of Decision affect the tenor of appellate review?

California, United States of America

The following excerpt is from LSREF2 Clover Prop. 4, LLC v. Festival Retail Fund 1, LP, 208 Cal.Rptr.3d 200, 3 Cal.App.5th 1067 (Cal. App. 2016):

The lack of a statement of decision affects the tenor of appellate review. When a statement of decision is not issued, the appellate court applies the doctrine of implied findings, meaning that we presume the trial court made all factual findings necessary to support the judgment for which substantial evidence exists in the record. In other words, the necessary findings of ultimate facts will be implied and the only issue on appeal is whether the implied findings are supported by substantial evidence. (

[208 Cal.Rptr.3d 208]

Shaw v. County of Santa Cruz (2008) 170 Cal.App.4th 229, 267, 88 Cal.Rptr.3d 186.)

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