Q: Do not understand how Statements of Decisions work? Rule 3.1590 (a) and (g) is incredibly hard to find info?
I realized I had not actually lost my court date but instead I was responding to a “proposed statement of decision”! Which was frightening because you have 60 days to appeal but only 10 days to object to the statement of decision and thank goodness I did or else I wouldn’t have qualified for appeals. Anyway my question is what do I do if I filed a notice of objection to statement of decision a month ago and haven’t heard back.
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A:
In California, a Statement of Decision is a written statement by the judge that explains the factual and legal basis for the court's decision in a case. A proposed Statement of Decision is a document that is prepared by one of the parties and submitted to the court for consideration. The opposing party has an opportunity to object to the proposed Statement of Decision, and the court will then issue a final Statement of Decision.
Under Rule 3.1590 of the California Rules of Court, a party has ten days after the proposed Statement of Decision is served to file and serve objections to the proposed Statement of Decision. If the opposing party files objections, the court will review them and issue a final Statement of Decision.
If you filed a notice of objection to the proposed Statement of Decision a month ago and have not heard back, you may want to contact the court clerk's office to inquire about the status of the case. The court clerk may be able to tell you if the objections have been received and if the court has issued a final Statement of Decision.
It's important to note that if the court has not yet issued a final Statement of Decision, you may need to follow up with the court or file a motion to compel the court to issue a decision. It's also important to comply with all applicable deadlines and procedural requirements to protect your legal rights and interests.
If you are unsure about the status of your case or need legal advice on how to proceed, you should consider consulting with an attorney who can advise you on your legal options and represent your interests in court.
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