Reply

In my research, If you say that the Memorandum of Decision is actually a final decision or judgement, I may be barred for filing a Motion for Reconsideration since I have only 10 days after receipt of the Decision to file this motion in California. Or can this be extended?

Furthermore. I cannot file an appeal based only on the this Memorandum of Decision as in CA caselaw: COURT OF APPEAL OF THE STATE OF CALIFORNIA FIRST APPELLATE DISTRICT DIVISION TWO, In re Marriage of HAFFERKAMP.
KATHERINE M. HAFFERKAMP,...." Husband’s October 10 motions assumed that what had issued was either a statement of decision or a judgment. It was not. What was issued was what used to be called in this state a “Memorandum of Intended Decision,” now more usually termed a “tentative decision.”“signing and filing of judgment.” (8 Witkin, cit. supra, § 57, p. 561, and 7 Witkin, Cal. Procedure (4th ed. 1997) Judgment, §§9-10, pp. 546-548; see also Ehrler v. Ehrler (1981) 126 Cal.App.3d 147, 152.)
¨ As so described, the trial court’s September 30 decision does not constitute the“rendition of judgment.” There is nothing about that document that bespeaks a judgment. Among other things, it was not entitled “judgment” and it was not signed by the court.. As noted above, the September 30 document was almost certainly a tentative decision or, as it used to be called, a “Memorandum of Intended Decision.” Such a“tentative decision shall not constitute a judgment and shall not be binding on the court.”(Cal. Rules of Court, rule 232 (a).)¨

Since I am following up my case without my (former) lawyer and can no longer afford another one, I would apprciate any advise as to how to proceed or sites in in the net that could guide me through this process in Califotnia. Thank you so much for your help.,