Tuesday, November 28, 2017

Let's hear it for the right to appeal!

Image result for right on fight onIn California, litigants have a right to appeal and to have a record prepared, right? Does that message need to be made clear in a published opinion? Apparently so! Especially in the age of disappearing court reporters. So check out this opinion, which begins:
In California, litigants who comply with relevant statutes and rules have a right to appeal an adverse judgment; the trial court may not arbitrarily deny a litigant that right. In this matter, the trial court refused a timely request by petitioner to preserve a record so that she might appeal. Because the trial court abused its discretion in doing so, we grant the petitioner’s request for a writ of mandate and order the preparation of a settled statement.
Also of similar note today, see here and here.