Durbin, Sr, et al. vs. Mohammadi, et al.

CASE NUMBER: 25CV-0208902 Tentative Ruling on Motion to Use Settled Statement: Plaintiff/Appellant William Durbin, Sr. moves for an order permitting the use of a settled statement pursuant to California Rules of Court Rule 8.137. Defendant opposes the Motion.

There is no dispute between the parties that a settled statement should be used in this matter. No reporter’s transcript is available because the oral proceedings in the superior court were not reported by a court reporter. The dispute on this Motion concerns only the contents of the settled statement. Defendants object to the Proposed Settled Statement filed by Plaintiff concurrently with this Motion on the grounds that it is deficient, incomplete and inaccurate. Defendants have not submitted any proposed amendments or alternative proposed settled statement. 2

California Rules of Court Rule 8.137 sets forth the procedure for certifying a settled statement. CRC 8.137(c)(2) provides: “Appellants who are not represented by an attorney are encouraged to file their proposed statement on Proposed Statement on Appeal (Unlimited Civil Case) (form APP-014). The court may order an appellant to use form APP-014.”

The Court ORDERS Appellant to file and serve a Proposed Settled Statement on Appeal using Judicial Council Form APP-014 no later than 10 days after today’s hearing. Respondent will then have 20 days to serve and file proposed amendments pursuant to CRC 8.137(e). No later than 10 days after Respondent files proposed amendments or the time to do so expires, whichever is earlier, a party may request a hearing to review and correct the proposed statement pursuant to CRC 8.137(f). The Court will then follow the procedures set forth in CRC 8.137 as required.

The Motion is GRANTED in part, in that the Court orders the use of a Settled Statement. The Motion is DENIED with respect to the Proposed Settled Statement filed concurrently with the Motion. The parties are ordered to proceed as detailed above. This matter is set for review regarding status of the Settled Statement on Monday, August 24, 2026, at 9:00 a.m. in Department 64.

IN RE: FURTADO