Metis Development LLC lawsuit 463
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Metis Development LLC v Bohacek 200 Cal.App.4th 679 (1/5) (2011) Bohacek filed arbitration petition under LLC’s operating agreement. San-Diego-Auto-Accident-lawyer.com At hearing, Bohacek requested Statement of decision CCP § 632. Trial court denied petition and denied statement of decision as it was “a law-and-motion matter.” Reversed. [1] If properly requested, court must issue a statement of decision. CCP § 1291. [2] Although arbitration petition appears to be a motion, in essence it is “a suit in equity to compel specific performance.” Therefore, at least where court adjudicates a fact question, statement of decision obligatory. [3] Trial court’s written order inadequate as a statement of decision (found a waiver by delay without discussing prejudice; found possibility of conflicting rulings without considering statutorily required alternatives, etc.) San Diego personal injury attorney.