Easterly v. Cook’s Empirical Analysis

Citation profile

24 state decisions

Most-quoted passages

The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 24 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““That judgment was premature and void for the reason that the decision and findings had not been rendered in writing or signed by the judge as required by section 632 of the Code of Civil Procedure. In a case tried by the court without a jury the signing and filing of the findings of facts and conclusions of law constitute the decision of the court. (Hoover v. Lester, 16 Cal. App. 151 [ 116 Pac. 382 ].) Section 633 of the Code of Civil Procedure provides that, ‘Judgment upon the decision must be entered accordingly. ’ The validity of the judgment depends upon the previous rendering of the decision by signing and filing the findings of facts and conclusions of law. The code provision with regard to the necessity of rendering a decision by the adoption and signing of findings is mandatory. (Williams v. Wren, 88 Cal. App. 607 [ 263 Pac. 1038 ].) The judgment is deemed not to have been rendered until the findings have been adopted and filed. (Brownell v. Superior Court, 157 Cal. 703 [ 109 Pac. 91, 93 ]; Crim v. Kessing, 89 Cal. 478 [ 26 Pac. 1074 , 23 Am. St. Rep. 491 ]; 14 Cal. Jur. 912, sec. 32.) In the Brownell case, supra, the court quotes approvingly from the Crim case, supra, in that regard as follows: “ ‘Under the provisions of the Code of Civil Procedure whenever findings are required there can be no “rendition of the judgment” until they are made and filed with the clerk. ’ ””

   1 later decision quote this exact passage
   e.g. Young v. Briggs