Baker

Baker v. Children's Hospital Medical Center

Caution
1989 Cal. App. LEXIS 384·209 Cal. App. 3d 1057·257 Cal. Rptr. 768·53 Fair Empl. Prac. Cas. (BNA) 1336
Court of Appeal of CaliforniaApril 20, 1989A040756California2,592 words

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…

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