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California Courts of Appeal

Nov. 6, 2014

Appellate court reverses dismissal, chides judge for lack of a written record

A trial court shouldn't refer to a nonexistent record in its decision, a state court of appeal ruled Tuesday, dinging a Los Angeles trial judge for basing his ruling on the "reasons stated in open court" when no court reporter was there.


By Emily Green


Daily Journal Staff Writer


A trial court shouldn't refer to a nonexistent record in its decision, a state court of appeal ruled Tuesday, dinging a Los Angeles trial judge for basing his ruling on the "reasons stated in open court" when there was no court reporter to make a record.


"We remain profoundly concerned about the due process implications of a proceeding in which the court, aware that no record will b...

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