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8-B
B. Presumption Of Correctness, Cal. Prac. Guide Civ. App. & Writs Ch. 8-B
demonstrated trial court never engaged in the process of weighing the evidence; Gardner v. Super.Ct.
(Statt) (1986) 182 CA3d 335, 338340, 227 CR 78, 7981reversal for failure to exercise informed
discretion in setting aside default]
=> [8:20] PRACTICE POINTER: The presumption of correctness makes it crucial for trial counsel
to make sure when an error occurs that the record will adequately demonstrate the error.
In nonjury trials, counsel should timely request a statement of decision (below). Likewise, if the law
requires a ruling to be accompanied by a statement of reasons (in connection with certain orders
granting a new trial, see 8:219 ff.), counsel should promptly raise the point in the trial court.
As to other trial court rulings, it may be helpful to ask the trial judge to state for the record the
basis for the ruling (although some judges may be reluctant to do so, knowing they are less
likely to be reversed if they cloak the ruling in the presumption of correctness by saying
nothing).
If the error occurred during proceedings not taken down by a court reporter (e.g., in chambers),
counsel must take steps to ensure that those proceedings are subsequently described on the record
a. [8:22] Doctrine of implied findings if statement of decision waived: If the parties waived a
statement of decision (either by failure to request it or by requesting it too late), the appellate court
will presume that the trial court made all factual findings necessary to support the judgment for which
substantial evidence exists in the record; i.e., 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.
The doctrine is a natural and logical corollary to three fundamental principles of appellate review: (1)
a judgment is presumed correct; (2) all intendments and presumptions are indulged in favor of
correctness; and (3) the appellant bears the burden of providing an adequate record affirmatively
proving error.
Often, invoking the doctrine of implied findings will cause affirmance on appeal of a
judgment or order that otherwise might have been reversed! [See Marriage of Ditto (1988) 206
CA3d 643, 647, 253 CR 770, 772 (involving community property division and
reimbursement)judgment affirmed under doctrine of implied findings but appellate court noted
that, had there been a statement of decision showing the trial court error, it would have concluded that
trial court committed reversible error]