No Court Reporter Present Sometimes Has Due Process Implications.

After granting the plaintiff leave to amend a few times, the trial court finally sustained defendant’s demurrer without leave to amend. The court’s ruling was reflected in the minute order, which stated in part that the court’s decision rested on “the reasons stated in open court.” But there was no court reporter present, so there was no court reporter’s transcript for the appellate court to review “the reasons stated in open court.” In reversing, the appellate court stated: “We remain profoundly concerned about the due process implications of a proceeding in which the court, aware that no record will be made, incorporates within its ruling reasons that are not documented for the litigants or the reviewing court.” (Maxwell v. Dolezal (Cal. App. Second Dist., Div. 7; November 4, 2014) 231 Cal.App.4th 93, [179 Cal.Rptr.3d 807].)