Legal Question in Civil Litigation in California
what does it mean .....
.THE COURT MAKES THE FOLLOWING FINDINGS AND ORDERS:"...... .MATTER ARGUED BY COUNSEL AND SUBMITTED.
CAUSE STANDS SUBMITTED.
This is following a demurrer hearing brought against my counter-claim.
At the hearing the judge had told me that his inclination initially in a tentative rulings were to sustain the demurrer with leave to amend on 3 out of 5 of my causes. And without leave to amend on the other two, which I argued as to why I should be given the chance to amend. Opposing council then made their claim and the judge told us that we would be notified of his decision. I was under the impression that the decision would be sent via us mail, but as of yet have not received anything. I obtained the findings and order from the website of the court.
I am confused if this is the judges decision? Has the demurrer been sustained ? Overruled? or not decided? and if this means it was sustained does this end my counter-claim?
2 Answers from Attorneys
Submitted means the judge is reviewing the matter and it is under consideration as Mr. McCormick points out.
I write separately because I am confused by your post. If a matter is under submission, a trial court generally has up to 90 days to render a decision. A decision is rendered separately, usually in a minute order.
I'm confused because you state "I obtained the findings and order" from the court's website. If there are findings and an order after submission, then the findings and order are the court's decision after it was taken under submission. That finding and order would be the actual decision, unless it was just the order that it was taken under submission, in which case you wait for the actual decision.
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