Injectronics

Plaintiff Injectronics, Inc. took judgment against defendant Commodore Business Machines, Inc. for breach of contract. Defendant appeals, challenging the refusal of the court to make findings of fact and conclusions of law as requested by appellant.

The cause was tried without a jury, and the court filed its memorandum of decision on August 25, 1978. A copy of the memorandum of decision was placed in the mail the same day. Twelve days later, on September 6, 1978, appellant filed a request for findings of fact and conclusions of law. The request was rejected as untimely. Instead, on September 11, 1978, the clerk directed counsel for respondent to prepare, serve and submit to the court a proposed judgment. Judgment was rendered accordingly.

Appellant asserts that its request for findings of fact and conclusions of law was timely, even though it was filed 12 days after the announcement of intended decision was mailed.

Rule 232(b), California Rules of Court, requires that after the announcement of intended decision is mailed a request for findings of fact and conclusions of law must be served and filed within 10 days. But appellant points out that Code of Civil Procedure…