Bulletti

Bulletti v. Riley CA4/1

Good Law
Court of Appeal of CaliforniaOctober 4, 2013D062100California1,294 words

Opinion

Opinion

Mcdonald, J.

DISCUSSION

I

Riley's Waiver of Appellate Contentions

In support of her appeal, Riley submitted a record that is inadequate for us to

consider her appellate contentions. The reporter's transcript consists only of the trial

transcript. The clerk's transcript consists of only two substantive documents: (1) the trial

court's minutes for the bench trial on March 2, 2012; and (2) the court's judgment. It

omits Bulletti's complaint and any pleadings or other pretrial papers filed by the parties.

Based on this inadequate record, we cannot address the merits of her statute of

limitations, res judicata, jurisdictional, and other contentions. Riley has not carried her

burden on appeal. (In re Kathy P. (1979) 25 Cal.3d 91, 102 ["appellant . . . has not met

her burden of showing error by an adequate record"]; Christie v. Kimball (2012) 202

Cal.App.4th 1407, 1412 ["[w]e cannot presume error from an incomplete record"];

Haywood v. Superior Court (2000) 77 Cal.App.4th 949, 955 [because "the record does

not contain all the documents . . . we decline to find error on a silent record"].)

Furthermore, as Bulletti in effect asserts, Riley has waived her…

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