Kats

INTRODUCTION

The trial court sustained without leave to amend the demurrer of defendants

Recontrust Company, N.A. and Bank of America Corporation (collectively, defendants) to the third amended complaint of plaintiffs Leo Kats, Claire Kats, and The Leo and

Claire Kats Trust (collectively, plaintiffs). Plaintiffs appeal the subsequent judgment of

dismissal contending their third amended complaint adequately pleaded causes of action

for breach of contract and breach of the implied covenant of good faith and fair dealing.

They further contend they should be allowed leave to amend their complaint and given an

opportunity to attach a copy of a special forbearance agreement, which is the subject of

the complaint. However, plaintiffs failed to designate an adequate record on appeal.

They have not provided us with the third amended complaint or any of the pertinent

pleadings considered by the trial court. This failure precludes an adequate appellate

review and requires us to affirm the judgment. (Estrada v. Ramirez (1999)

Cal.App.4th 618, 620, fn. 1.)

FACTUAL AND PROCEDURAL BACKGROUND

The trial court sustained without leave to amend the demurrer of defendants to…