Supple v. Luckenbach

In Supple v. Luckenbach (1938) 12 Cal.2d 319, the court "directed plaintiff's counsel to prepare and present appropriate findings of fact and conclusions of law in accordance with the view of the court as expressed in a memorandum of decision." (Id. at p. 320.) Counsel prepared the findings, but the clerk inadvertently filed the findings before the judge signed them. The subsequent judgment was challenged on appeal. The respondent moved to dismiss the appeal on the ground it was premature since taken prior to the rendition of a valid judgment. The motion was granted. But there is no discussion in the case regarding the necessity of a signature as contrasted with any other method by which the court could give the findings "in writing and filed with the clerk." The trial court in Supple had not specified the exact language to be incorporated in the findings. Thus, with or without a signature, it could not be said that the court had given its findings in writing.