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.
SCAN: News and resources for Southern California appellate lawyers, featuring the Second and Fourth District Courts of Appeal and the Ninth Circuit Court of Appeals