Inobe

DISCUSSION

On appeal from a bench trial where the appellant has relied on a settled statement, “we are bound to assume that enough appears in the settled statement to enable us to decide whether reversible error was committed; and we must make our ruling upon what is affirmatively shown by the record.” (People ex rel. Department of Public Works v. Bond (1964) 231 Cal.App.2d 435, 437; accord, Sloan v. Stearns (1955) 137 Cal.App.2d 289, 293.) We consider only those facts included in the settled statement approved and certified by the trial court. (McMullen v. Saunders (1956) 138 Cal.App.2d 554, 555.) Plaintiff contends the court abused its discretion by failing to admit her 13 exhibits into evidence which she claims demonstrate that defendant’s version of what happened is not credible. However, the record establishes the trial court did not exclude plaintiff’s exhibits. Plaintiff discussed her exhibits

3 during her testimony, but she never moved the exhibits into evidence. Paragraph 3.c. of the settled statement says “Exhibits were marked and identified, but no party moved any exhibits into evidence.” Plaintiff has not shown any abuse of discretion by the court in ruling on…