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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

Newby v. Alto Riviera Apartments, 60 Cal. App. 3d 288 (1976)

Citation
Newby v. Alto Riviera Apartments, 60 Cal. App. 3d 288 (1976)
Parent Document
Newby v. Alto Riviera Apartments, 60 Cal. App. 3d 288 (1976)
Jurisdiction
California (state)
Effective Date
1976-07-20

Other Sections in This Document (103)

Full Text

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(1964) 227 Cal.App.2d 396 [38 Cal.Rptr. 684, 8 A.L.R.3d 1108].) Failure to find on a material issue is usually reversible error. But a failure to include a finding on a material issue is harmless when there is no substantial evidence to support the position of the appealing party. An appellant suffers no prejudice from the failure to make a finding on a material issue if the evidence would have compelled a finding adverse to him. (See 4 Witkin, Cal. Procedure (2d ed. 1971) Trial, § 343, at p. 3145.) *305 Failure to make any