Reyes

DISCUSSION

On appeal we apply the basic presumption in favor of the judgment: “A judgment or order of the lower court is presumed correct. All intendments and presumptions are indulged to support it on matters as to which the record is silent, and error must be affirmatively shown. This is not only a general principle of appellate practice but an ingredient of the constitutional doctrine of reversible error.” (9 Witkin, Cal. Procedure (5th ed. 2008) Appeal, § 355, p. 400.) Since the record on appeal lacks a reporter’s transcript, we must and do rely on the trial court’s statement of decision, which was requested by the parties and prepared pursuant to Code of Civil Procedure, section 632. The trial court received trial briefs from both sides, then, after trial, it called for further briefing, particularly with respect to arguments made by defendant. After this briefing was received, the court announced its ruling and asked respondent’s counsel to prepare a proposed statement of decision. Ultimately the court adopted that draft, with a single material change: it deleted a paragraph that would have increased the amount of punitive damages for fraud.

2 The following summary of the…