Wednesday, August 24, 2016

Settled Statements statement

2/7 publishes an opinion today on settled statements, here, that begins:
Litigants in California may exercise their right to appeal without obtaining and transmitting to the Court of Appeal a verbatim transcript of the oral proceedings in the trial court. One alternative mechanism available to litigants is the settled statement, which requires the parties and the court to create an adequate, accurate record of the trial or ruling on appeal. When a proper motion is made, it is the obligation of the parties and the court to work together to prepare the settled statement. California law has long recognized this obligation: a trial court may not “deprive a litigant of his right of appeal by simply refusing to perform a plain duty.” 
Appellant [] appeals a judgment for defendant after a court trial. There was no court reporter during the trial, and the trial court denied [Appellant]'s motion for a settled statement after trial. The trial court abused its discretion by denying [Appellant]'s motion, and as a result, of her right to her appeal, but Appellant  failed to seek timely review of that denial. Because the issue has been forfeited, and because the record before us is insufficient to permit review of the judgment, we affirm.