Video Symphony v. Hunter CA2/5

FACTS AND PROCEDURAL HISTORY3

The Stipulation

On June 21, 2011, Flanagan, on behalf of VSE as its president, entered into the Stipulation with Hunter. The

brief contains no citations to law in support of the review standards that it urges this court to apply. (See Cal. Rules of Court, rule 8.204(a)(1) [points in a brief must include citations to authority].) Video Symphony’s statement of facts includes facts not contained in the record; recites only facts that are favorable to itself, although many of those facts are disputed; makes unsupported conclusions; misrepresents statements and rulings of the trial court; and misrepresents the scope of the arguments in Hunter’s trial brief. (See Lewis v. County of Sacramento (2001) 93 Cal.App.4th 107, 112–114 [appellant has a duty to provide a fair statement of facts to facilitate appellate court’s review].)

The facts and procedural history reflect only the materials included in the appellate record, which consists of: the trial court case register (docket), the complaint, answer, Video Symphony’s notice of motion and motion for entry of judgment, Hunter’s opposition to motion for entry of judgment, the trial court’s order denying…