Estate of Dawson CA2/6

Good Law
Court of Appeal of CaliforniaNovember 19, 2024B336324California899 words

Opinion

Opinion

Baltodano, J.

DISCUSSION

This appeal comes to us on the clerk’s transcript only. It includes a minute order of the trial court’s order, pleadings filed by Dawson, exhibits from the evidentiary hearing, and the case register. “ ‘ “ ‘ “A judgment or order of the lower court is presumed correct. . . . and error must be affirmatively shown.” ’ ” ’ ” (In re Marriage of Obrecht (2016) 245 Cal.App.4th 1, 8 (Obrecht).) “ ‘It is the burden of appellant to provide an accurate record on appeal to demonstrate error.’ ” (Id. at p. 9.) Because there is no reporter’s transcript or settled statement of the evidence at the hearing, we must presume the unreported testimony supports the trial court’s order. (Ibid.; In re Estate of Fain (1999) 75 Cal.App.4th 973, 992 (Fain).) In addition, Dawson has presented a judgment roll appeal which cannot serve as a basis to attack the sufficiency of the evidence to support the judgment. (Williams v. Inglewood Board of Realtors, Inc. (1963) 219 Cal.App.2d 479, 481-483; see Kucker v. Kucker (2011) 192 Cal.App.4th 90, 93.) Dawson initially contends the trial court erred when it excluded the expert opinion of a certified questioned document examiner that decedent did not sign…

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