Vazquez

FACTS

Vazquez filed a complaint against Manheim alleging causes of action for negligence and premises liability. The complaint stated, “While attending an auction at [Manheim’s] place of business, [Manheim’s] employee negligently drove a vehicle owned by [Manheim] and ran over Plaintiff’s foot causing serious injury and harm.” Manheim (and defendant Tina Hallada, who had been added as a Doe defendant) filed a motion for summary judgment. Although the memorandum of points and authorities is not part of our record, the motion was based on a waiver and release Vazquez had signed, as well as that he had assumed the risk of his alleged injuries.

3 The trial court granted summary judgment and entered judgment. The court’s ruling on the motion is not a part of the record. Vazquez appealed from the judgment.

DISCUSSION

“Appealed judgments and orders are presumed correct, and error must be affirmatively shown. [Citation.] Consequently, appellant has the burden of providing an adequate record. [Citations.] Failure to provide an adequate record on an issue requires that the issue be resolved against appellant. [Citation.] Without a record, . . . a reviewing court must make all…