Total Transportation Services v. Armenta CA2/5

I. INTRODUCTION

Plaintiff, Total Transportation Services, Inc., appeals from a May 13, 2014 order.

The order denied plaintiff’s ex parte application to stay or enjoin administrative hearings

before the State Labor Commissioner pending adjudication of a petition to compel

arbitration. Plaintiff asserts the trial court abused its discretion. The May 12, 2014

hearing on plaintiff’s ex parte application was not reported. We asked the parties to brief

the question whether plaintiff’s failure to provide a suitable substitute for a reporter’s

transcript of the hearing warrants affirmance based on the inadequacy of the record.

(Maria P. v. Riles (1987) 43 Cal.3d 1281, 1295-1296; In re Kathy P. (1979) 25 Cal.3d

91, 102.) We conclude that it does. Accordingly, we affirm the order.

II. DISCUSSION

In numerous situations, appellate courts have refused to reach the merits of an

appellant’s claim 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, supra, 43 Cal.3d at pp. 1295-1296 [attorney fee

motion hearing]; Ballard v. Uribe (1986) 41 Cal.3d…