Can we reverse a judgment from a reporter's transcript of a hearing where no party presented live witness testimony?

California, United States of America


The following excerpt is from Rodriguez v. Windsor Care Ctr. Nat'l City, Inc., D065014 (Cal. App. 2014):

conflicting declarations and there was extensive oral argument as well as questioning of counsel by the trial court, after which the trial court made findings of fact on disputed evidence, which this court must review for substantial evidence. Though Rodriguez acknowledges no party presented live witness testimony at the hearing, she maintains we cannot reverse the judgment without a reporter's transcript because, based on Brockway v. Heilman (1967) 250 Cal.App.2d 807, without such a transcript, " 'the sufficiency of the evidence to support the findings is not open to question.' "3

Other Questions


Can a witness at a preliminary hearing be prevented from hearing or discussing the testimony of another witness? (California, United States of America)
When a reporter's transcript and clerk's transcript are in conflict, can the clerk obtain a motion to compel the reporter to amend the transcript? (California, United States of America)
In assessing the prosecution's reasonable diligence in locating a missing witness so that it can use that witness's preliminary hearing testimony, does the prosecution need to conduct a "twofold inquiry"? (California, United States of America)
What is the test for a court to accept testimony from a witness in a witness testimony? (California, United States of America)
What is the difference between subpoenaing a witness for a judicial hearing and interviewing that witness prior to the hearing? (California, United States of America)
How has the court dealt with a motion for a retrial where a witness's testimony was inconsistent with the testimony of the previous witness? (California, United States of America)
Does the Court have to grant immunity to a witness who testified in a witness testimony that the testimony was inconsistent with the instructions? (California, United States of America)
Can a witness be admitted as a witness at a preliminary hearing where the witness is in a state hospital? (California, United States of America)
Does the absence of a witness from the jurisdiction of a preliminary hearing preclude a defendant from giving evidence at trial of his preliminary hearing testimony? (California, United States of America)
Does the opportunity to hear oral testimony constitute the right of a parolee to present oral testimony? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.