Decision on Statements of Decision

Today the Cal Supremes issued F.P. v. Monier, unanimously affirming the 3d DCA's view that that a trial court's error in failing to issue a statement of decision (as required by CCP 632) is not reversible per se. The California Constitution (art. VI, sec. 13) says that no judgment shall be reversed unless there's been a miscarriage justice. Actual prejudice in the form of "a miscarriage of justice" is and remains the touchstone.

we agree with the Court of Appeal that a trial court’s error in failing to issue a requested statement of decision is not reversible per se, but is subject to harmless error review. Nothing in the language of section 632 as it now stands establishes a rule of automatic reversal, and nothing in the statute’s legislative history suggests the Legislature intended the current statute to have that effect