Jefferson

Jefferson v. Haden CA1/5

Good Law
Court of Appeal of CaliforniaOctober 9, 2013A137676California499 words

Opinion

Opinion

DISCUSSION

“‘A judgment or order of the lower court is presumed correct. All intendments and presumptions are indulged to support it on matters as to which the record is silent, and error must be affirmatively shown. This is not only a general principle of appellate practice but an ingredient of the constitutional doctrine of reversible error.” [Citation.] [Citations.]’ ‘A necessary corollary to this rule is that if the record is inadequate for meaningful review, the appellant defaults and the decision of the trial court should be affirmed.’ [Citations.]” (Gee v. American Realty & Construction, Inc. (2002) 99 Cal.App.4th 1412, 1416.) “Failure to provide an adequate record on an issue requires that the issue be resolved against plaintiff.” (Hernandez v. California Hospital Medical Center (2000) 78 Cal.App.4th 498, 502.) The record Jefferson has provided lacks even the basic elements required by the rules. An appellant’s appendix is required to contain “[a]ll items required by rule 8.122(b)(1), showing the dates required by rule 8.122(b)(2)[.]” (Rule 8.124(b)(1)(A).) This includes any “judgment and/or order appealed from and any notice of its entry,” the register of actions, and…

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