Can a judge recite a settlement without a reporter's transcript?

California, United States of America


The following excerpt is from Torres v. Liang, C055934 (Cal. App. 2/10/2009), C055934 (Cal. App. 2009):

Moreover, because we have no transcript of the oral proceedings at which the settlement was stated on the record, we must presume in favor of the judgment that the oral statement of the settlement was properly done. We presume official duties have been regularly performed (Evid. Code, 664), and this presumption applies to the actions of trial judges (Olivia v. Suglio (1956) 139 Cal.App.2d 7, 9 ["If the invalidity does not appear on the face of the record, it will be presumed that what ought to have been done was not only done but rightly done"]). Without a reporter's transcript, we must presume the trial court properly orchestrated the recitation of the settlement on the record. (Cf. Fiege v. Cooke (2004) 125 Cal.App.4th 1350, 1355.)

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