Garten
Garten v. Corbett CA2/7
Opinion
Opinion
INTRODUCTION
Frank James Corbett and Renee M. Smith (Appellants) appeal from a judgment entered in favor of their neighbor, Sylvia Garten, who sued them for nuisance based on a hedge on their property that encroached on her property. Appellants argue the evidence at trial does not support the judgment or the award of damages to Garten. But Appellants, represented by counsel, failed to provide an adequate record for us to review the judgment entered against them. “[I]t is a fundamental principle of appellate procedure that a trial court judgment is ordinarily presumed to be correct and the burden is on an appellant to demonstrate, on the basis of the record presented to the appellate court, that the trial court committed an error that justifies reversal of the judgment.” (Jameson v. Desta (2018) 5 Cal.5th 594, 608-609 (Jameson).) Appellants do not provide any record of the testimony or evidence at trial, and thus they have not met their burden to demonstrate the judgment was erroneous. Accordingly, we affirm.
FACTUAL AND PROCEDURAL BACKGROUND1
Appellants and Garten live in adjacent properties in Redondo Beach. In 2019, Garten sued Appellants for nuisance.
1 Without the…