Legal Question in Appeals and Writs in California

Clarification

Can a judge change an order from the

bench at a clarification hearing? A

Statement of Decision was issued that

was different from the decision so the

judge changed the decision to fit the

SOD. Controverted issues don't match.


Asked on 9/19/08, 11:00 pm

1 Answer from Attorneys
Michael Stone Law Offices of Michael B. Stone Toll Free 1-855-USE-MIKE

Re: Clarification

There is some tricky case law that requires you to object to inconsistent portions of the statement of decision in order to preserve the issue for appeal. I think it is done by motion for new trial or motion to alter or amend the judgment, and you may have as little as 15 days to do so. Look it up in Rutter Group Civil Trials and Evidence, behind the reference desk at your local law library.

Read more
Answered on 9/19/08, 11:06 pm


Related Questions & Answers

More Appeals and Writs questions and answers in California