California Codes, Code of Civil Procedure - CCP, Part 2 — Of Civil Actions, Title 8 — Of the Trial and Judgment in Civil Actions, Chapter 5 — Trial by the Court, Section 634

When a statement of decision does not resolve a controverted issue, or if the statement is ambiguous and the record shows that the omission or ambiguity was brought to the attention of the trial court either prior to entry of judgment or in conjunction with a motion under Section 657 or 663, it shall not be inferred on appeal or upon a motion under Section 657 or 663 that the trial court decided in favor of the prevailing party as to those facts or on that issue.

Notes

Prohibits an appellate court or a court considering the referenced postjudgment motions from inferring that an omitted or ambiguous controverted issue was decided for the prevailing party when the omission or ambiguity was brought to the trial court’s attention before judgment or with the specified motions. The rule applies only when the record shows that notice.

Use as reference

Lexinter.net | California Code, Code of Civil Procedure - CCP § 634 | https://laws.lexinter.net/codes/california/code-of-civil-procedure/part-2/title-8/chapter-5/section-634

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