Legal Question in Appeals and Writs in California
Petition for Writ of Mandate filed in Superior Court to set aside an Administrative Agency's Informal Hearing Decision. Stated that the agency gave an insufficient notice, didn't comply with their own rules, denied cross examination, and the findings were not supported by evidence and the Hearing Officer issued a rule that doesn't even exist!
The respondent's counselor and I all the way up to oral argument disputed each other's facts. As the judge mentioned we would receive a decision in the mail; the respondent attorney verbally inquired if the judge would be entering his decision on some requests I made to augment the record including new evidence which followed CCP 1094.5(e) and some judicial review. The judge answered that he will address all the issues. Now that would appear to be a statement of decision requested and supposedly going to be issued by the judge. The case is taken under submission for 85 days & the very day after I called the clerk to inquire about the status, a minute order is entered noting Under Submission Ruling. It says that having taken case under submission and considering arguments from both parties and evidence the court now rules: THE PETITION IS DENIED.
Now if a statement of decision was verbally requested, and the facts were controverted, taken 85 days, how can the judge issue such a boilerplate ruling?? There is no physical evidence to support the original agency decision so what did the judge consider?? is this standard for judges to do this? Judges in two similar cases have at least given some reason from their decisions, this seems like ambiguity on the judge's part. It also hurts my appeal chances because I don't know what he made his denial of the writ on! Has anyone come across something like this? Thanks for any explanation or guidance.
2 Answers from Attorneys
What you describe does not sound like a request for a statement of decision. A statement of decision is an explanation of the court's decision in the entire case. But the lawyer just asked for rulings on your requests about particular items of evidence. He did not ask for explanations even of those rulings, let alone the entire case.
I might see things differently with more information. As it is, though, I don't think the lawyer requested a statement of decision. Since neither side asked for one, the court was not required to issue one.
You can still appeal even without a statement of decision. Winning will be harder this way, but it may still be possible. Feel free to contact me directly if you want to discuss your case in more detail. As I mentioned in response to another question you posted recently, I am a certified specialist (per the State Bar of California's Board of Legal Specialization) in appeals and writs, and I have many years of experience in the field.
I agree that the judge did not do anything improper in terms of procedure here. All the judge was requested to do was "enter a decision" on certain procedural issues. I don't see this as a request for a full statement of decision. I also see nothing to suggest that you made such a request at trial. 85 days for a decision is a bit long, but not unheard of.
The judge definitely did you no favors in issuing a summary ruling. Unfortunately, it does not appear to me there is nothing improper about what the judge did.
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
