Judge: Frank M. Tavelman, Case: 22PDUD01010, Date: 2022-10-25 Tentative Ruling

Case Number: 22PDUD01010    Hearing Date: October 25, 2022    Dept: A

LOS ANGELES SUPERIOR COURT

NORTH CENTRAL DISTRICT - BURBANK

DEPARTMENT A

CERTIFYING STATEMENT ON APPEAL

SUMMARY OF RULING:

The parties are ordered to file no later than November 9, 2022, a stipulated Statement on Appeal with this court for certification which shall include verbatim the bullet points on pages 3 and 4 of Respondent’s proposed amendments to the Statement on Appeal.

HISTORY:

After the granting of a Summary Judgment and denying a consolidation, the Defendant filed an appeal in the Appellate Division of the Superior Court.   The original judge, Hon. W. Stewart, has retired from the Superior Court.  The matter was referred to this Court for the determination of a settled statement on appeal, and the current judge was only recently made aware of the referral from the Appellate Division.  Between the retirement of Judge Stewart and the currently assigned judge, the vacancy was primarily covered by various assigned judges.  The judge currently assigned to this Court did not hear the matter; however, has reviewed the electronic file (no electronic recording nor court reporter were used by the parties) and scheduled a hearing regarding the Statement on Appeal.

ANALYSIS:

California Rules of Court (“CRC”) 8.837 govern the certifying a statement on appeal, and requires the trial court to certify the record.   The Respondent has requested a modification to Appellant’s proposed Statement on Appeal.  No opposition was received by Appellant.

CONCLUSION:

Court has read and considered the Appellants original proposed Statement on Appeal, and the Respondent’s proposed additions.  Respondent’s objection to Appellant providing a Statement on Appeal without a court reporter is overruled, and given the requested modifications requested, the objection concerning the failure of Appellant to include a declaration is also overruled.

Appellant is ordered to file a modified Statement on Appeal with this Court incorporating all of Respondent’s bullet points verbatim on pages 3 and 4 of Respondent’s proposed amendments to the Statement on Appeal.

Appellant shall have 10 calendar days in which to provide Respondent with the proposed modified Statement on Appeal.   The parties are ordered to then file no later than November 9, 2022, a modified and stipulated Statement on Appeal with this court for certification. 

Respondent, by stipulating to the modified Statement on Appeal shall not be considered to have waived any objections previously filed and overruled as to the Statement on Appeal.

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RULING:

In the event the parties submit on this tentative ruling, or a party requests a signed order or the court in its discretion elects to sign a formal order, the following form will be either electronically signed or signed in hard copy and entered into the court’s records.

ORDER

Certification of Statement on Appeal came on regularly for hearing on October 25, 2022 with appearances/submissions as noted in the minute order for said hearing, and the court, being fully advised in the premises, did then and there rule as follows:

1.      Appellant is ordered to file a modified Statement on Appeal incorporating all of Respondent’s bullet points verbatim on pages 3 and 4 of Respondent’s proposed amendments to the Statement on Appeal.  Appellant shall have 10 calendar days in which to provide Respondent with the proposed modified Statement on Appeal. 

2.      The parties are ordered to then file no later than November 9, 2022, a stipulated Statement on Appeal with this court for certification.  Respondent, by stipulating to the modified Statement on Appeal shall not be considered to have waived any objections previously filed and overruled as to this matter.

3.      OSC In Re: Modified Statement on Appeal November 10, 2022 at 9:00 am.

4.      Non-appearance permitted if stipulated modified Statement of Appeal is filed prior to November 10, 2022.

5.      Plaintiff to give notice unless all parties waive notice.

IT IS SO ORDERED.

DATE:   October 25, 2022                           _______________________________

                                                                        F.M. TAVELMAN, Judge

                                                                        Superior Court of California

County of Los Angeles