Dogan

Dogan v. Comanche Hills Apartments, Inc.

Good Law
242 Cal. Rptr. 3d 702·31 Cal. App. 5th 566
Court of Appeal of CaliforniaJanuary 22, 2019D072328California1,589 words

Opinion

Lead Opinion

Dato, J.

*703 *567 In this personal injury/premises liability action, self-represented plaintiff Elena Dogan appeals after the trial court granted a motion for nonsuit brought by her landlord, defendant Comanche Hills Apartments, Inc., and related individuals and entities at the close of her case. At an earlier stage of the litigation, Dogan's request for a fee waiver had been granted by the San Diego Superior Court on grounds of indigency. But based on then-existing court policy, Dogan's subsequent request for a waiver of court reporter fees had been denied. As a result, there was no court reporter at trial and no reporter's transcript on appeal. Dogan seeks to challenge the trial *568 court's decision to grant a nonsuit in defendants' favor. Their principal argument in response asserts that Dogan cannot establish error due to the absence of a reporter's transcript.

After initial briefing in this case was complete, the California Supreme Court issued its decision in Jameson v. Desta (2018) 5 Cal.5th 594 , 234 Cal.Rptr.3d 831 , 420 P.3d 746 ( Jameson ), holding that the San Diego Superior Court's policy on providing court reporters "is invalid as applied to plaintiff and other fee waiver…

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