Marriage of Levy CA4/1

Good Law
Court of Appeal of CaliforniaDecember 10, 2014D064722California1,028 words

Opinion

Opinion

DISCUSSION

I

The principal issue we confront here is Batsheva's failure to provide a reporter's

transcript of either the trial or the postjudgment hearing with respect to child sharing or a

settled statement with respect to those proceedings. "It is well settled, of course, that a

party challenging a judgment [or order] has the burden of showing reversible error by an

adequate record." (Ballard v. Uribe (1986) 41 Cal.3d 564, 574.) "'A judgment or order

of the lower court is presumed correct. All intendments and presumptions are indulged

3 to support it on matters as to which the record is silent . . . .' (Orig. italics.) [Citation.]"

(Rossiter v. Benoit (1979) 88 Cal.App.3d 706, 712.) In the absence of a proper record on

appeal, the judgment is presumed correct and must be affirmed. (Maria P. v. Riles

(1987) 43 Cal.3d 1281, 1295–1296.) A proper record includes a reporter's transcript or

settled statement of any hearing leading to the order being challenged on appeal. (See

Null v. City of Los Angeles (1988) 206 Cal.App.3d 1528, 1532; Berg v. Investors Real

Estate Loan Co. (1962) 207 Cal.App.2d 808, 817–818; Utz v. Aureguy (1952)…

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