Gabriel
Gabriel v. Gabriel
Opinion
Lead Opinion
Christian, J.
James H. Gabriel appeals from a judgment determining arrearages in the payment of spousal support and in respondent wife’s community interest in military retirement pay. Husband appeared specially, by counsel, and moved to quash service of wife’s notice of motion, contending that there had been no effective service of the notice of motion. The court denied the motion to quash, and made an order specifying that there were arrearages in payments totaling $10,067.40. A judgment was later entered, awarding the wife the amount of the arrearages plus interest.
*558 Husband points out that the clerk’s transcript on appeal does not show that the notice of motion had been served by mail upon his attorneys of record. The observation is correct, but unavailing. Proofs of service of papers included in the clerk’s transcript are to be omitted “unless one of the parties expressly requests their inclusion, . . .” (Rule 5(e), Cal. Rules of Court.) It is the responsibility of the appellant to designate for inclusion in the record all materials necessary for the support of his contentions.. (6 Witkin, Cal. Procedure (2d ed. 1971) Appeal, § 373, p. 4345.) Husband did not request inclusion…