Baker
Baker v. Children's Hospital Medical Center
Opinion
Opinion
Haning, J.
Plaintiff/appellant Roger Baker appeals from summary judgment for defendants/respondents Children’s Hospital Medical Center, Joyce Hane and Jerry Howe in appellant’s action for employment discrimination. Appellant contends the trial court erroneously concluded that he failed to exhaust his administrative remedies, in that his complaint before the Department of Fair Employment and Housing (DFEH) was insufficiently comprehensive to permit the instant action.
Given the record before us, we emphasize at the outset some fundamental rules of appellate review: (1) the appellant has the burden of affirmatively demonstrating error by providing the reviewing court with an adequate record (Cal. Rules of Court, rule 5(a); Scala v. Jerry Witt & Sons (1970) 3 Cal.3d 359, 367, fn. 4 [ 90 Cal.Rptr. 592 , 475 P.2d 864 ]), and (2) the reviewing court presumes the judgment of the trial court is correct and indulges all presumptions to support a judgment on matters as to which the record is silent. (9 Witkin, Cal. Procedure (3d ed. 1985) Appeal, § 268, pp. 276-277.) Appellant has provided only the first cause of action of his complaint. Therefore, we obviously review the summary judgment…