Mercado

Mercado v. JP Morgan Chase Bank CA1/1

Good Law
Court of Appeal of CaliforniaJuly 18, 2016A146813California831 words

Opinion

Opinion

Dondero, J.

BACKGROUND

Because plaintiffs have not provided this court with a proper record on appeal, we will not set forth the factual background of this case in any detail. The specific facts are known to the parties and, as will be seen, are largely irrelevant to our disposition of this matter.

DISCUSSION

As noted above, defendants prevailed below after their demurrer to the FAC was sustained without leave to amend. On appeal, plaintiffs elected to provide the record by filing an appendix under California Rules of Court, rule 8.124.2 That rule specifies that an appendix must contain all items required by rule 8.122(b)(1), as well as “[a]ny item listed in rule 8.122(b)(3) that is necessary for proper consideration of the issues, including, for an appellant’s appendix, any item that the appellant should reasonably assume the respondent will rely on[.]” (Rule 8.124(b)(1)(A), (B).) The contents of the appendix must be arranged chronologically. (Rules 8.124(d)(1), 8.144(a)(1)(C).) Plaintiffs have not followed these rules. Their appendix merely contains several unnumbered pages of various documents that appear to relate to their mortgage. Most critically, they do not provide a copy of the…

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