If a party does not request a statement of decision, does the court have the power to review the contract as a de novo?

California, United States of America


The following excerpt is from Pemstein v. Pemstein, G047338 (Cal. App. 2013):

Questions of law, such as the proper interpretation of a contract when it does not turn on the credibility of extrinsic evidence, are reviewed de novo (City of Manhattan Beach v. Superior Court (1996) 13 Cal.4th 232, 238), but if a party does not request a statement of decision, the appellate court will imply all necessary factual findings to support the judgment. (In re Marriage of Arceneaux (1990) 51 Cal.3d 1130, 1133-1134.) Here, because no statement of decision was requested, we "imply all findings necessary to support the judgment, and our review is limited to whether there is substantial evidence in the record to support these implied findings." (In re Marriage of Cohn (1998) 65 Cal.App.4th 923, 928.)

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