Judge: Richard Y. Lee, Case: 30-2018-00965245, Date: 2022-10-13 Tentative Ruling

Defendant, Michael Megarit (“Megarit”) moves for an order that he be allowed to set forth the oral proceedings by a settlement statement in lieu of a reporter’s transcript under California Rules of Court (“CRC”), rule 8.137(b)(2) for the April 7, 2022 Hearing for Motion to Set Aside/Vacate Entry of Default.

Megarit asserts that a substantial cost saving will result in allowing Megarit to set forth the oral proceedings by a settled statement in lieu of a reporter’s transcript; that a settled statement will not significantly burden the respondents or the court; that the proceedings cannot be transcribed because the proceeding was not recorded by a court reporter; and that the Court of Appeal will not be able to conduct a proper review without a settled statement.

No opposition has been filed.

“A settled statement is a summary of the superior court proceedings approved by the superior court.” (CRC, rule 8.137(a).) An appellant may elect under (b)(1) or move under (b)(2) to use a settled statement as a record of the oral court proceedings in the superior court, instead of a reporter’s transcript.” (Ibid.)

CRC, rule 8.137(b) states as follows, in pertinent part:

“(1)  An appellant may elect in his or her notice designating the record on appeal under rule 8.121 to use a settled statement as the record of the oral proceedings in the superior court without filing a motion under (2) if:

“(A)  The designated oral proceedings in the superior court were not reported by a court reporter; or

“(B)  The appellant has an order waiving his or her court fees and costs.

“(2)  An appellant intending to proceed under this rule for reasons other than those listed in (1) must serve and file in superior court with its notice designating the record on appeal under rule 8.121 a motion to use a settled statement instead of a reporter's transcript.

“(A)  The motion must be supported by a showing that:

“(i)  A substantial cost saving will result and the statement can be settled without significantly burdening opposing parties or the court;

“(ii)  The designated oral proceedings cannot be transcribed; or

“(iii)  Although the appellant does not have a fee waiver, he or she is unable to pay for a reporter's transcript and funds are not available from the Transcript Reimbursement Fund (see rule 8.130(c)).

“(B)  If the court denies the motion, the appellant must file a new notice designating the record on appeal under rule 8.121 within 10 days after the superior court clerk sends, or a party serves, the order of denial.”

The Court initially notes that CRC, rule 8.137(b)(1)(A) indicates that no motion is necessary to use a settled statement as the record of the oral proceedings in the superior court if, “[t]he designated oral proceedings in the superior court were not reported by a court reporter.” (CRC, rule 8.137(b)(1)(A).)

As provided by Megarit, the proceedings that took place on April 7, 2022, were not reported by a court reporter. (Declaration of Michelle L. Reynolds, ¶ 3.) Thus, it does not appear that the instant motion is necessary.

However, as Megarit cites to CRC, rule 8.137(b)(2), it appears that Megarit seeks leave to use a settled statement for reasons other than those listed in CRC, rule 8.137(b)(1). In that instance, the motion is supported by a showing that the use of a settled statement will result in a substantial cost saving, without any significant burden to the parties or the court, and that the oral proceedings on April 7, 2022, cannot be transcribed because they were not reported by a court reporter. (Declaration of Michelle L. Reynolds, ¶¶ 2-5.) Thus, to the extent that the Court is required to, the Court GRANTS Megarit’s motion pursuant to CRC, rule 8.137(b)(2).

Megarit to give notice.