R. E. Folcka Construction Inc. v. Medallion Home Loan Co.

When does a trial last less than a day? This seemingly straightforward but unanswered question remains important to litigants, litigators and members of the trial and appellate bench because of its relation to the trial judge’s nemesis&emdash;the statement of decision required by Code of Civil Procedure section 632 and California Rules of Court, rule 232. “[When] the trial has lasted less than one day” the party wishing a statement of decision must make the request before the case is submitted for decision. (§ 632; see fn. 2, ante.)

This nonjury case consisted of three hours and fifty-three minutes of testimony and oral argument presented over two separate days. The trial court rejected as untimely the defendants’ request for a statement of decision made 30 days after the case was submitted and 8 days after the court issued its intended decision. As we shall explain, we conclude the court made the correct procedural ruling and we reject defendants’ substantive attack on the judgment. We therefore affirm the judgment and remand solely to allow the trial court to determine the amount of attorney’s fees to which plaintiffs counsel is entitled for prevailing on this…