Statement Of Decision In A Law & Motion Matter.

Civ.Proc. §1291 states:  “A statement of decision shall be made by the court, if requested pursuant to Section 632, whenever an order or judgment, except a special order after final judgment, is made that is appealable under this title.” But when a party requested the court to issue a statement of decision at the time it denied a petition to compel arbitration, the trial court refused because it was a “law and motion” matter.  The Court of Appeal disagreed, stating a petition to compel arbitration is in essence a suit in equity which provides a final determination of factual issues and results in an appealable order.  Metis Development LLC v. Bohacek   (Cal. App. First Dist., Div. 5;  September 28, 2011)  (As Mod. Nov. 8, 2011) 199 Cal.App.4th 748, [131 Cal.Rptr.3d 162].