Below is a list of FVAP’s published cases regarding the right to have a record/court reporters. These cases are binding legal precedent in all trial courts in California, and can be used to support domestic violence-related cases in trial court. But please note: This is not a comprehensive list. Rather, it is a list of FVAP’s published successful custody appellate cases since 2012.
Laws often change. Reviewing this list is not a suitable substitute for legal research specific to your case. Additional legal research should be done before citing any case law in trial court. While a decision below may be used to support your (or your client’s) case in court, it may not be the best decision to use in your particular case, and/or there may be additional cases that you should cite. This list does not constitute legal advice, and does not create an attorney-client relationship between you and FVAP.
To read a decision, click on the case name. See our Legal Resource Library for toolkits, tip sheets, court templates, and other custody resources for survivors.
California Counties Must Provide Court Reporters For Free to Low-Income People with a Fee Waiver: Jameson v. Desta (2013) 215 Cal.App.4th 1144. The California Supreme Court struck down San Diego’s policy that eliminated court reporters from civil cases because the policy contained no exception for low-income people who had received fee waivers. Under this case, all counties statewide are required to provide court reporters to low-income litigants who have fee waivers and who request a court reporter, free of charge. This is a sweeping decision that impacts all low-income litigants in California, including survivors of domestic violence, many of whom are low-income. FVAP and 30 supporting organizations, with co-counsel Morrison & Foerster, filed a friend-of-the-court brief in support of this result.