Chepel

FACTS

We would normally begin with a recitation of the relevant facts upon which the appeal is predicated. In this case, however, not even the complaint is included in the clerk’s transcript. The judgment states that the jury found against plaintiff on his causes of action for assault, for the intentional infliction of emotional distress, and for slander. The judgment reflects the only facts we can use to evaluate plaintiff’s allegations on appeal. The clerk’s transcript also includes the parties’ trial briefs and an assortment of declarations. These documents suggest that the parties were embroiled in a protracted dispute involving the custody of plaintiff’s children. Plaintiff may not appreciate that trial briefs do not constitute evidence. We must, however, presume the existence of all facts in support of the jury verdict where, as here, there is an appeal of the judgment roll. (Nielsen v. Gibson (2009) 178 Cal.App.4th 318, 324 (Nielsen).)

DISCUSSION

Plaintiff raises four issues on appeal: the trial court erred by allowing defendant to produce witnesses at trial he had not disclosed in advance, he was denied the opportunity to present evidence of his medical damages, the…