Maeshack

DISCUSSION

There is no doubt that Code of Civil Procedure section 473 grants the courts, including this court, broad discretion to relieve litigants from mistake or inadvertence, but that does not translate to granting relief which is not supported by the record presented on appeal. “ „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.‟ [Citations.]” (Denham v. Superior Court (1970) 2 Cal.3d 557, 564, italics in the original.) “ „A necessary corollary to this rule is that if the record is inadequate for meaningful review, the appellant defaults and the decision of the trial court should be affirmed.‟ [Citations.]” (Gee v. American Realty & Construction, Inc. (2002) 99 Cal.App.4th 1412, 1416; see also Aguilar v. Avis Rent A Car System, Inc. (1999) 21 Cal.4th 121, 132 [where the defendants elected not to provide a reporter‟s transcript on appeal, the reviewing court 1 Plaintiff had complained to the…