Opinion
B234887
05-15-2012
MARY L. SUYDAM, Plaintiff and Appellant, v. DIRECTV, INC., Defendant and Respondent.
APPEAL from orders of the Superior Court of Los Angeles County, Michael C. Solner, Judge. Affirmed. James Toledano for Plaintiff and Appellant. Mitchell Silberberg & Knupp and Samantha C. Grant for Defendant and Respondent.
NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS
California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.
(Los Angeles County Super. Ct. No. BC362066)
APPEAL from orders of the Superior Court of Los Angeles County, Michael C. Solner, Judge. Affirmed.
James Toledano for Plaintiff and Appellant.
Mitchell Silberberg & Knupp and Samantha C. Grant for Defendant and Respondent.
Plaintiff, Mary L. Suydam, appeals from orders compelling arbitration and refusing to set aside the ensuing order. Plaintiff has not provided the reporter's transcripts of the hearings at which arbitration was ordered and the request to set aside the award was denied. Defendant, DIRECTV, Inc., argues that the failure to provide a reporter's transcript of the two hearings requires affirmance of the orders under review. We agree.
In numerous situations, appellate courts have refused to reach the merits of an appellant's claims because no reporter's transcript of a pertinent proceeding or a suitable substitute was provided. (Walker v. Superior Court (1991) 53 Cal.3d 257, 273-274 [transfer order]; Maria P. v. Riles (1987) 43 Cal.3d 1281, 1295 [attorney fee motion hearing]; Ballard v. Uribe (1986) 41 Cal.3d 564, 574-575 (lead opn. of Grodin, J.) [new trial motion hearing]; In re Kathy P. (1979) 25 Cal.3d 91, 102 [hearing to determine whether counsel was waived and the minor consented to informal adjudication]; Stasz v. Eisenberg (2010) 190 Cal.App.4th 1032, 1038-1039 [no transcript of hearing on reconsideration request of ruling on venue change motion]; Boeken v. Philip Morris Inc. (2005) 127 Cal.App.4th 1640, 1672 [transcript of judge's ruling on an instruction request]; Vo v. Las Virgenes Municipal Water Dist. (2000) 79 Cal.App.4th 440, 447 [trial transcript when attorney fees sought]; Estate of Fain (1999) 75 Cal.App.4th 973, 992 [surcharge hearing]; Hodges v. Mark (1996) 49 Cal.App.4th 651, 657 [nonsuit motion where trial transcript not provided]; Interinsurance Exchange v. Collins (1994) 30 Cal.App.4th 1445, 1448 [monetary sanctions hearing]; Null v. City of Los Angeles (1988) 206 Cal.App.3d 1528, 1532 [reporter's transcript fails to reflect content of special instructions]; Buckhart v. San Francisco Residential Rent etc. Bd. (1988) 197 Cal.App.3d 1032, 1036 [hearing on Code Civ. Proc., § 1094.5 petition]; Sui v. Landi (1985) 163 Cal.App.3d 383, 385-386 [motion to dissolve preliminary injunction hearing]; Rossiter v. Benoit (1979) 88 Cal.App.3d 706, 713-714 [demurrer hearing]; Calhoun v. Hildebrandt (1964) 230 Cal.App.2d 70, 71-73 [transcript of argument to the jury]; Ehman v. Moore (1963) 221 Cal.App.2d 460, 462 [failure to secure reporter's transcript or settled statement as to offers of proof]; Wetsel v. Garibaldi (1958) 159 Cal.App.2d 4, 10 [order confirming arbitration award].)
The orders under review are affirmed. Defendant, DIRECTV, Inc., shall recover its costs incurred on appeal from plaintiff, Mary L. Suydam.
NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS
TURNER, P. J. We concur:
ARMSTRONG, J.
KRIEGLER, J.