Reyes

FACTS

As an initial matter, we note that the appellate record is incomplete. Plaintiff elected to proceed with a clerk’s transcript. In designating the record, plaintiff did not separately list the declarations of Gregory D. Bistline, Chuck Daleo or Everet Miller in support of defendants’ motion for summary judgment, so the record before us does not include defendants’ evidence. The only evidence in the clerk’s transcript is a portion of plaintiff’s deposition testimony and the declaration of plaintiff’s expert, Mark Burns, a safety engineer. Generally, such an inadequate record would bar appellate review. (See, e.g., Ballard v. Uribe (1986) 41 Cal.3d 564, 574-575.) We are not prevented from deciding the appeal on the merits, however, because the parties’ statements of undisputed facts demonstrate the condition of the balcony railing and the circumstances of plaintiff’s fall are not in dispute. A. The Undisputed Facts These are the undisputed facts: Plaintiff was a longtime tenant of the apartment building. Defendants acquired the apartment building in 2006 and owed a duty to plaintiff to remedy any building code citations. On June 19, 2010, plaintiff was impaired by alcohol.…