Easterly v. Cook

In Easterly v. Cook (1934) 140 Cal.App. 115, the court held that the denial of a motion to vacate a judgment was harmless because the court had not made the required findings and thus the judgment was deemed not to have been rendered and there was no need to vacate. Although the court often referred to the need for findings which were "signed and filed," the court clarified the requirement by noting that "the findings and decision in the . . . case had not been signed or adopted by the court at the time the defendants made their motion . . . ." (Id. at p. 124.) When Easterly was decided in 1934, Code of Civil Procedure section 632, like its earlier versions, merely required findings to "be given in writing and filed with the clerk . . . ." (Stats. 1933, ch. 744, 105, p. 1876.)