In re Marriage of Shimpi and Sonawane CA1/1

DISCUSSION

Appellant has failed to provide this court with sufficient record of the proceedings below. This failure dooms his appeal.

1 Appellant states that the trial court excluded this e-mail evidence at the hearing.

2 A fundamental rule of appellate review is that an appealed judgment or order is presumed correct. (Denham v. Superior Court (1970) 2 Cal.3d 557, 564.) “ ‘All intendments and presumptions are indulged to support it on matters as to which the record is silent, and error must be affirmatively shown.’ ” (Ibid.; see also In re Marriage of Arceneaux (1990) 51 Cal.3d 1130, 1133 [“judgment or order of a lower court is presumed to be correct on appeal, and all intendments and presumptions are indulged in favor of its correctness”].) To overcome this presumption, the appellant must provide an adequate appellate record demonstrating error. (Maria P. v. Riles (1987) 43 Cal.3d 1281, 1295.) Where the appellant fails to provide an adequate record of the challenged proceedings, we must presume that the appealed judgment or order is correct and, on that basis, affirm. (Id. at pp. 1295-1296; see also Hernandez v. California Hospital Medical Center (2000) 78 Cal.App.4th 498, 502…