Ferelli

This is an action by a building contractor against an owner to recover money on his contract and to foreclose a mechanic’s lien. After a court trial plaintiff prevailed and defendant has appealed from the judgment.

The record here consists only of a clerk’s transcript. It does not include any transcript or summary of the evidence.

Rule 52 of the California Rules of Court provides as follows: “If a record on appeal does not contain all of the papers, records and oral proceedings, but is certified by the judge or the clerk, or stipulated to by the parties, in accordance with these rules, it shall be presumed in the absence of proceedings for augmentation that it includes all matters material to a determination of the points on appeal. On an appeal on the judgment roll alone, or on a partial or complete clerk’s transcript, the foregoing presumption shall not apply unless the error claimed by appellant appears on the face of the record.”

Under this rule the judgment can be attacked only for errors which affirmatively appear upon the face of the record on appeal. (Hearst Publishing Co. v. Abounader, 196 Cal.App.2d 49 [ 16 Cal.Rptr. 244 ] ; White v. Jones, 136 Cal.App.2d 567, 569 […