What is the test for making a finding that a discharge was justified?

California, United States of America


The following excerpt is from Coleman v. Mora, 263 Cal.App.2d 137, 69 Cal.Rptr. 166 (Cal. App. 1968):

'While it is true that the trial court made no specific finding as to whether the discharge was justifiable there are several findings that clearly indicate that, had such a specific finding been requested (it was not), it would have been adverse to defendants.' (Crillo v. Curtola, 91 Cal.App.2d 263, 274, 204 P.2d 941, 947.)

'It would serve no purpose to reverse the case on the purely technical ground that an essential finding is lacking when we know from the trial judge's opinion that upon reversal he would make the necessary finding to support his judgment and we have the power to make that finding. Code Civ.Proc., 956a.' (Rose v. Hunter, 155 Cal.App.2d 319, 324, 317 P.2d 1027, 1030.)

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