Evans
Evans v. Fred Warriors Construction CA2/8
Opinion
Opinion
DISCUSSION
As we understand his arguments on appeal, Evans seeks to challenge multiple court orders: (1) a ruling on a motion to sever; (2) a November 2011 order denying Evans’s motion for a continuance and dismissing the case; (3) a February 2012 order denying Evans’s motions to set aside the November 2011 “default judgment”; and (4) the January 2014 order denying Evans’s motion to vacate the judgment on the ground of fraud. As far as we can tell, Evans argues he did not receive notice of the hearing on a motion to sever; the court erred in denying his motion for a continuance on the sole ground that he failed to give notice of the motion to defendants; the court should have granted his motions to set aside the November 2011 default judgment because the motions were timely and the court erroneously ordered him to comply with “Code of Civil Procedure section 3.1110”; and the time to file a Code of Civil Procedure section 473 motion was tolled during his period of incarceration. The lack of an adequate record on appeal is fatal to Evans’s appeal.3 The record does not include copies of any of the motions Evans claims the trial court erroneously denied, the “default judgment” or…