FLADEBOE v. AMERICAN ISUZU MOTORS INC.

No. G036522.

58 Cal.Rptr.3d 225 (2007)

150 Cal.App.4th 42

Ray FLADEBOE et al. Plaintiffs, Cross-defendants and Appellants, v. AMERICAN ISUZU MOTORS INC., Defendant, Cross-complainant and Respondent.

Court of Appeal of California, Fourth District, Division Three.

As Modified April 24, 2007.


Attorney(s) appearing for the Case

David B. Dimitruk, Irvine, for Plaintiffs, Cross-defendants and Appellants.

The Mulcahy Law Firm, James M. Mulcahy, Irvine, and Rex T. Reeves, Newport Beach, for Defendant, Cross-complainant and Respondent.


OPINION

FYBEL, J.

Introduction

This case forcefully demonstrates the wisdom and significance of the doctrine of implied findings. Under the doctrine of implied findings, the reviewing court must infer, following a bench trial, that the trial court impliedly made every factual finding necessary to support its decision. Securing a statement of decision is the first step in avoiding the doctrine of implied findings, but is not always enough: The appellant...

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