Mason v. Coalinga Union High School District

[318]

MARKS, J.

This is an appeal from an order vacating the default of defendant, and vacating a judgment entered after the entry of such default, and permitting defendant to file its answer.

The record on appeal is in such form that we cannot consider any of the questions presented and argued in the briefs of counsel as there is no proper authentication of any part of the record except the judgment roll.

The record is typewritten and consists of a clerk’s transcript and a purported reporter’s transcript.

The clerk’s transcript, besides containing the judgment roll, minus a formal judgment, the order appealed from, and the notice of appeal, contains the notice of defendant’s motion, affidavits of both parties in support of and contesting the motion, minutes of the court on the trial and on the hearing and decision of the motion. This transcript has annexed to it the usual certificate of the county clerk but there is no certificate of the trial judge.

In speaking of a similarly authenticated clerk’s transcript, the Supreme Court in

Stern & Goodman Inv. Co.

v.

Danziger,

206 Cal. 456 [274 Pac. 748] said:

“There are but three things the clerk alone may authenticate, viz., the judgment-roll, the order appealed from and the notice of appeal. (Code Civ. Proc., sec. 951;

Martin

v.

Pacific Gas & E. Co.,

195 Cal. 544, 546 [234 Pac. 321] ;

Jeffords

v.

Young,

197 Cal. 224, 227 [239 Pac. 1054].) The signature of the trial judge is necessary to authenticate a record under section 953a,