Townsend

Townsend v. Kang CA2/3

Good Law
Court of Appeal of CaliforniaJanuary 21, 2026B345164California1,163 words

Opinion

Opinion

DISCUSSION

Plaintiff argues that the trial court ignored evidence of excusable neglect, failed to consider the substance of his motion,

3 and relied on procedural defects and delays in denying his motion to set aside. He asserts that the court should have accounted for “the challenges non-lawyers face” in exercising discretion, and the public policy in favor of resolving cases on the merits supports reversal. As we explain below, plaintiff has failed to show that the trial court abused its discretion in denying the motion to vacate or set aside the judgment.

I. Plaintiff Has Forfeited His Appellate Arguments

As a threshold matter, we conclude that plaintiff has forfeited any challenge to the order denying his motion to vacate or set aside due to his failure to provide an adequate record on appeal and failure to cite the record in his briefs. “ ‘ “It is the duty of an appellant to provide an adequate record to the court establishing error. Failure to provide an adequate record on an issue requires that the issue be resolved against appellant.” ’ ” (Mack v. All Counties Trustee Services, Inc. (2018) 26 Cal.App.5th 935, 940; Estrada v. Ramirez (1999) 71 Cal.App.4th 618, 620,…

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