Miramar Hotel Corp. v. Frank B. Hall & Co.

This case presents the question whether a trial court’s failure to issue a statement of decision when there has been a timely request therefor is per se reversible error. We will conclude that it is.

After a two-day trial on appellants’ cross-complaint, the matter was taken under submission by the court. On August 3, 1983, a minute order was entered, which reads in pertinent part: “Memorandum of Decision and Statement of Decision (C.C.P. 632) [t] In this matter, heretofore taken under submission as of August 2, 1983, the Court renders its decision as follows: [f] The Court finds that the preponderance of evidence establishes the following: [1] 1) Cross-Complainant did not justifiably rely on any representation or misrepresentation uttered by cross-defendant or its agents, [t] 2) No implied or express contract to indemnify cross-complainant was ever created by the acts or statements of the respective parties or their agents, [f] 3) The cross-complainant is not entitled to recover its attorney fees as damages or under any other theory presented. ” By its minute order the court provided that judgment be rendered in favor of respondent and ordered respondent to prepare the…