Elena S. v. Kroutik, No. D068831 (D4d1 May 18, 2016)
Like last year’s Michaels case, this case involves a superior court policy of having commissioners resolve family court restraining orders. Respondent objects to the reference and claims he didn’t consent. But unlike in Michaels, there’s no record of the oral proceedings in the trial court, even though the proceedings were, in fact, reported. Respondent apparently decided to proceed without a reporter’s transcript.
That creates a problem because anything during the oral proceedings that might support an affirmance is simply presumed to have occurred. Including an on-the-record oral stipulation to proceed before the commissioner.
The Court also half-heartedly suggests it would affirm on an implied waiver ground as well. By participating in the hearing, says the court, the defendant implicitly consented to proceeding before the commissioner. The court notes that that theory doesn’t entirely make sense, but feels like it is bound by a 1991 Supreme Court decision that relied on that logic.
Affirmed.
Subscribe to:
Post Comments (Atom)
The Jurisprudence of Signification
Wood v. Superior Court , No. A168463 (D1d2 Mar. 14, 2024). Yes. You can change your legal name to Candi Bimbo Doll if you want to. See Cod...
-
Pollock v. Superior Court , No. B321229 (D2d1 Jul. 31, 2023) Back in 2019, the Legislature amended Code of Civil Procedure § 2031.280 to inc...
-
RSB Vineyards, LLC v. Orsi , No. A143781 (D1d3 Sept. 29, 2017) In this real estate warranty case, the court affirms a summary judgment in ...
No comments:
Post a Comment