Can You Appeal Based on a Discrepancy Between an Oral and Written Order

lpbreeze

New Member
Jurisdiction
California
If wrong forum by all means move it.
I'm trying to find any rules for judges or case law that I can cite in the appeal.

In brief. Eviction case. Tenants and landlord do hearing. No court reporter/transcript. Judge says they have one week to comply. Tenants buy cleaning supplies, start doing things. Day 5 of week. Landlord comes by and says they are not doing it properly and moves to evict them right away. New hearing. Judge's written order says evicted right away. He says yes, orally and writing did not match and acknowledges that he said something different in court. But it is moot because the tenants did not follow the cleaning rules. But the cleaning rules were not that clear, evidence is there with receipts that there were efforts to clean and it was Day 5 of 7.

1. Case law or rules that judge's oral instructions must follow written order?
2. Any case/rules that judge should not ignore evidence like he did?
 
A judge can change an order upon further reflection or in response to a motion and hearing after the order has issued.

Lower level courts, like tenant courts are not what are called "courts of record".

Meaning such courts to produce, nor are they able provide transcripts as do courts of record.

You're wasting your time.

Good luck.
 
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