Moustakas

Moustakas v. Dashevsky

Good Law
1994 Cal. App. LEXIS 570·25 Cal. App. 4th 752·30 Cal. Rptr. 2d 753·30 Cal. Rptr. 753·94 Daily Journal DAR 7785
Court of Appeal of CaliforniaJune 6, 1994B069672California488 words

Opinion

Opinion

Klein, J.

Arkady Dashevsky appeals from a money judgment, entered August 7, 1992, after a nonjury trial of respondent Michael C. Moustakas’s claim for payment for legal services rendered. We affirm.

I. The Trial Court Did Not Err

II.

The trial was recorded on videotape. No court reporter was present. (See Code Civ. Proc., § 270; Cal. Rules of Court, rules 980.5 and 980.6.) The record furnished for our review includes both a certified transcription of the audio portion of the videotape and an uncertified copy of the videotape. The latter is included in the appellant’s appendix in lieu of clerk’s transcript. The video image contains running subtitles showing the hour, minute, and second of recording.

In his brief, appellant cites specific portions of the videotape in support of three of his arguments. First, he argues that the videotape shows the trial court spent only forty-three seconds examining six documentary exhibits, one of which was seven pages long. Second, he argues that after he made an offer of proof, “the videotape reveals a very telling silence on the part of the court.” Third, he argues that an 84-second segment of the videotape establishes that the trial court,…

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