Marriage of Martinez CA2/3

BACKGROUND

The statement of the case in Raul’s opening brief contains no citations to the record. Several paragraphs in the statement of facts also lack citation to the record. “Each and every statement in a brief regarding matters that are in the record on appeal, whether factual or procedural, must be supported by a citation to the record. This rule applies regardless of where the reference occurs in the brief.” (Lona v. Citibank, N.A. (2011) 202 Cal.App.4th 89, 96, fn. 2; Cal. Rules of Court, rule 8.204(a)(1)(C).) Sabrina agrees the opening brief accurately recites the procedural posture of the case and “does not dispute that [Raul] has laid out true facts.” Nevertheless, we do not consider assertions of fact that are not part of the record on appeal. (See Pierotti v. Torian (2000) 81 Cal.App.4th 17, 29 [“It is axiomatic that an appellant must support all statements of fact in his briefs with citations to the record [citation] and must confine his statement ‘to matters in the record on appeal.’ ”].)

We refer to the parties by their first names for the sake of clarity.

2 Raul and Sabrina were married in June 1995 and separated more than 24 years later in October 2019.…