Dogan v. Comanche Hills ApartmentsAnnotate this Case
Pro se plaintiff Elena Dogan appeals after the trial court granted a motion for nonsuit brought by her landlord, defendant Comanche Hills Apartments, Inc., and related individuals and entities at the close of her case. Dogan alleged she was injured when some concrete stairs at the apartment complex broke under her foot, causing her to fall. She claimed defendants were responsible for her injuries based on their control of the premises. Shortly after the filing of her initial complaint, the superior court granted Dogan a fee waiver. The case ultimately went to trial on a negligence theory. Several months before trial, Dogan filed a request to waive additional court fees and specifically asked for a waiver of court reporter fees. The request was denied with the stamped notation, "The Court does not provide Court Reporter Services." As a result, there was no court reporter at trial and no reporter's transcript on appeal. Dogan sought to challenge the trial court's decision to grant a nonsuit in defendants' favor. Defendants argued in response that Dogan could not establish error due to the absence of a reporter's transcript. After initial briefing in this case was complete, the California Supreme Court issued its decision in Jameson v. Desta, 5 Cal.5th 594 (2018), holding that the San Diego Superior Court's policy on providing court reporters "is invalid as applied to plaintiff and other fee waiver recipients, and that an official court reporter, or other valid means to create an official verbatim record for purposes of appeal, must generally be made available to in forma pauperis litigants upon request." As defendants appropriately conceded in their post-Jameson supplemental brief, Jameson applied retroactively to all cases, including this one, not yet final on appeal. Because there was no way to now provide a reporter for a trial that has already occurred, the Court of Appeal determined it had no choice but to reverse and remand for a new trial at which an official court reporter would be furnished.