Section 998: CCP § 473(b) Discretionary Vacate Motion Based On CCP § 998 Omission Of Material Term Denied On Appeal Based On Failure To Provide Reporter’s Transcript On Lower Court Determination

Adequate Record Is A Necessity.

            In Monoarfa v. Djie, Case No. B279593 (2d Dist., Div. 4 Oct. 24, 2018) (unpublished), the trial judge denied a CCP § 473(b) discretionary motion to vacate a ruling based on the CCP § 998 offer not containing a material term The result was affirmed because no reporter’s transcript was provided—reminding everyone an adequate record is required, including hiring a private (but superior court reporter on the certified list) to report hearings, and most especially on discretionary rulings.   Sorry it has come to this, litigators, but financial constraints require you are diligent in hiring YOUR OWN court reporters for important hearings. Only a sign of the times (no disrespect intended anywhere).