Vega

DISCUSSION

Defendants maintain that, because the record on appeal does not include a reporter’s transcript of the hearing on their fee motion, plaintiff has not provided an adequate record for review. They argue: “‘Where no reporter’s transcript has been provided and no error is apparent on the face of the existing appellate record, the judgment must be conclusively presumed correct as to all evidentiary matters. To put it another way, it is presumed that the unreported trial transcript would demonstrate the absence of error. [Citation.] The effect of this rule is that an appellant who attacks a judgment then supplies no reporter’s transcript will be precluded from raising an argument as to the sufficiency of the evidence.’ (Estate of Fain (1999) 75 Cal.App.4th 973, 992.)” Plaintiff’s challenge to the fee award does not raise an issue of the sufficiency of the evidence, nor does it question the trial court’s exercise of discretion in fixing the amount of the award. Rather, plaintiff raises the legal question of whether section 1717 authorizes an award of attorney’s fees under the undisputed facts of this case. Where

3 “[t]here are no relevant evidentiary disputes and the…