TEMIKA S DIXON VS RANDALL G HUNZIKER

Date of Hearing: 9/18/2017

Department: B

Case No: BC595655

TENTATIVE RULING

DEFENDANT RANDALL G. HUNZIKER’S MOTION TO USE SETTLED STATEMENT UNDER RULE 8.137 filed on August 14, 2017

Plaintiff Temika Dixon sued defendant Randall Hunziker for personal injuries arising out of a motor vehicle accident. The jury awarded $298,244 for economic losses and $2,250,000 in non-economic/general damages. On April 4, 2017, one day during trial, the court reporter’s machine broke. The court gave defense counsel the option of continuing the proceedings to obtain a substitute reporter or proceeding absent a reporter. Defense counsel stipulated that the trial could continue absent a reporter. A substitute reporter was present at trial the following day.

Defendant now moves to use settled statement in lieu of transcript. Plaintiff filed an opposition.

As a transcript for the day in question is not available, it is appropriate to use a settled statement for that