Smith v. Cheney CA1/4
Opinion
Opinion
Rivera, J.
DISCUSSION
Smith contends that she was denied a fair custody hearing. She, however, has provided this court with no transcript of the hearing on her order to show cause to modify the custody and visitation order.
2 It is well settled that a party challenging a judgment has the burden of showing reversible error by an adequate record. (Ballard v. Uribe (1986) 41 Cal.3d 564, 574; 9 Witkin, Cal. Procedure (5th ed. 2008) Appeal, § 628, p. 704.) “ „It is elementary and fundamental that on a clerk‟s transcript appeal the appellate court must conclusively presume that the evidence is ample to sustain the findings, and that the only questions presented are as to the sufficiency of the pleadings and whether the findings support the judgment.‟ [Citations.]” (Ehrler v. Ehrler (1981) 126 Cal.App.3d 147, 154, see also, Gee v. American Realty & Construction, Inc. (2002) 99 Cal.App.4th 1412, 1416 [if record is inadequate for meaningful review, the appellant defaults and the trial court‟s decision should be affirmed.) In the absence of an adequate record here, we must presume that the court‟s judgment is correct. On the record before us, no error appears.