Legal Question in Civil Litigation in California

I think you need to check with your attorney about this since what you describe is contradictory to the California Rules of Court, and judges are not known for randomly disregarding the rules regarding tentative decisions. I suspect your "final judgement" was the tentative decision, since judgments generally don't comment on the issues. They just say "judgment rendered in favor of. . . ." It is also possible that there was a waiver of the tentative decision that you don't know about. You really need to talk to your attorney about it, not post to the internet. As for whether or not to appeal, that is even less appropriate for an internet posting. You have to talk to your lawyer about that, or consult with another attorney who can review the case in detail.

Mr. McCormick's response is accurate. Here is more commentary:

(1) Wasn't the judge required to issue a tentative decision? This was your tentative, I suspect. In any event, judges are not required to issue tentatives.

(2) Is this common, or did we have a lazy (or overworked) judge? I cannot comment.

(3) Should one or the other of the parties have asked for a statement of decision (I understand they must be asked for within 10 days of a tentative decision, but we never got one). That is correct, and both parties have now waived that right.

(4) Assuming my case had some merit, should I appeal? That depends on what you mean by "some merit"

(5) If I appeal and the other party doesn't cross-appeal, can I come out worse off?

I cannot respond without knowing more about your case.

I am a certified appellate law specialist, and I have handled hundreds of appeals over the past 23 years. You do not provide sufficient information for me to get a sense of your appeal rights, except to say that you may need to act soon. Please review my website at www.SanDiegoAppeals.com, and call or email my office if you would like to consult.

Thanks, Roger.