In re Marriage of Arceneaux

In In re Marriage of Arceneaux (1990) 51 Cal.3d. 1130, the Supreme Court held that a litigant waives the benefit of Code of Civil Procedure section 634 if he or she does not bring deficiencies or omissions in a statement of decision to the attention of the trial court prior to appeal. ( Id. at p. 1138.) Code of Civil Procedure section 634 reads in pertinent part: "When a statement of decision does not resolve a controverted issue, or if the statement is ambiguous and the record shows that the omission or ambiguity was brought to the attention of the trial court . . . it shall not be inferred on appeal . . . that the trial court decided in favor of the prevailing party as to those facts or on that issue." The court stated that to hold otherwise, and remand for findings on the omitted issues, would allow a litigant to " 'delay [resolution of the dispute] by appealing the statement on procedural grounds, wait for the appellate court to remand for a proper statement, and then finally appealing any substantive claims.' " (Ibid.)