Poyorena

INTRODUCTION

In this case, appellant and defendant Anita Ferguson Hernandez1 (appellant) appeals from a judgment against her and in favor of respondent and plaintiff Carolyn Poyorena. Her appeal, however, has little to do with error occurring during the trial. Rather, she argues that the trial court’s failure to follow a procedural rule requiring her to submit a notice about whether or not she wanted a court reporter was structural error, because, without a court reporter, she now lacks the ability to provide a record showing other errors alluded to in her briefing. She notes she would have been entitled to an official reporter at no cost, had she requested one, because she was granted a fee waiver. We find this argument unconvincing. Rule 2.956(b)(3) of the California Rules of Court imposes a directory, not mandatory, duty on the trial court, compelling it to seek these statements from litigants for purposes of administrative efficiency, not party notice. Other provisions of the same rule are directed towards ensuring notice of the availability of court reporters is given to litigants, including one requiring the trial courts to adopt policies regarding the same, which are then…