Hernandez

Hernandez v. Jacobo CA5

Good Law
Court of Appeal of CaliforniaOctober 26, 2022F083097California905 words

Opinion

Opinion

DISCUSSION

I. The Record on Appeal Limits Our Review

“If an appellant intends to raise any issue that requires consideration of the oral proceedings in the superior court, the record on appeal must include a record of these oral proceedings .…” (Cal. Rules of Court, rule 8.120(b).) A record of the lower court

In her opening brief, appellant provides background information about her grandchild and her relationship with his mother. Much of that information is not supported by the record that has been provided to this court. No transcript for a June 30, 2021, hearing exists.

2. proceedings is required to both support allegations of claimed error, and to facilitate an appellate court’s review of those claims. (In re Marriage of Wilcox (2004) 124 Cal.App.4th 492, 498–499.) There will be no reversal of an order for abuse of discretion when there is no record explaining what occurred at the underlying hearing or the trial court’s reasoning. (Rhule v. WaveFront Technology, Inc. (2017) 8 Cal.App.5th 1223, 1228–1229.) We have not been provided a transcript of a June 30, 2021, hearing documenting the testimony relevant to the issue presented in this appeal. In fact,…

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