Sidebotham v. Superior Court

WOOD (Fred B.), J. Petitioners question the validity of an order made by the respondent court in a proceeding for settlement of a proposed statement for use upon petitioners’ [626]appeal from a judgment rendered in an action tried in the respondent court.

Petitioners-appellants ’ proposed statement was in two parts: One part was in substance a clerk’s transcript; the other a condensed narrative of the oral proceedings had upon the trial.

The respondent real parties in interest proposed no amendments to the first part of appellants’ statement. They made numerous objections to appellants’ statement of the oral proceedings.

The respondent court, after a hearing, ordered the statement of the oral proceedings stricken. It further ordered that appellants (1) file within 15 days a written request for a full and complete reporter’s transcript of the oral proceedings and, within 10 days after notice of the estimate of the cost thereof, deposit with the clerk of the court the amount of the estimate in cash or file a waiver of such deposit signed by the reporter; (2) obtain at their own cost and furnish to the court the original and to- respondent one copy of said complete reporter’s transcript to aid in the preparation of a settled statement of the oral proceedings; (3) prepare and file, within 30 days after the reporter’s transcript has been prepared and delivered to the appellants, the respondents and the court, an accurate and fair statement of the oral proceedings based upon the complete reporter’s transcript; or (4) in lieu thereof, if appellants so elect, abandon any narrative statement or settled statement of the oral proceedings and proceed upon the judgment roll alone.

The court further ordered that if appellants fail to carry out any of the requirements of clauses (1) to (4), within the time or times limited therefor, respondents may at their elec-' tion submit for settlement by the court a statement on appeal which shall consist of the judgment roll, notices of appeal and notices of election to proceed under rule 7 and such other matters as respondents may deem pertinent to the appeal, for inclusion in an engrossed statement on appeal.

Appellants claim that the portion of the order which struck out their statement of the oral proceedings was made arbitrarily and in abuse of the sound discretion vested in the trial court and, therefore, in excess of its jurisdiction. Our examination of the record does not lead us to any such conclusion.