Threadgill

I. FACTUAL AND PROCEDURAL BACKGROUND

A. Evidence Presented At Trial We state the facts as presented by the limited record on appeal consisting of appellant’s appendix, respondent’s appendix, and a partial reporter’s transcript.

1 The partial reporter’s transcript excludes the direct examinations of plaintiff’s witnesses and the cross-examinations of defendant’s witnesses. This oddly one-sided transcript is the result of plaintiff’s decision not to designate any of the trial testimony in his notice designating the record on appeal. He designated only the oral proceedings (continued) Plaintiff testified that he parked his vehicle outside his wife’s home one evening in May 2010. Plaintiff and his wife were not living together at the time; he was there to care for her because she was sick. At approximately 1:30 a.m. the following morning, plaintiff was sitting in the bedroom when he heard a truck beeping. He walked to the front door and saw a tow truck near his vehicle. Plaintiff, who was aware his vehicle was going to be repossessed, attempted to get the tow truck driver’s attention because he wanted to retrieve some of his personal belongings from the vehicle.…