Ehman v. Moore, 221 Cal. App. 2d 460 (Cal. Ct. App. 1963). · Go Syfert
Ehman v. Moore, 221 Cal. App. 2d 460 (Cal. Ct. App. 1963). Cases Citing This Book View Copy Cite
60 citation events (48 in the last 25 years) across 2 distinct courts.
Treatment trajectory · 1966 → 2026 · click a year to view as-of
1966 1996 2026
Top citers, strongest first. 33 distinct citers. How cited ↗
discussed Cited as authority (rule) Saini v. Klimchok CA6
Cal. Ct. App. · 2025 · confidence medium
Proc., § 1094.5 petition]; Sui v. Landi (1985) 163 Cal.App.3d 383 , 385–386 [ 209 Cal.Rptr. 449 ] [motion to dissolve preliminary injunction hearing]; Rossiter v. Benoit (1979) 88 Cal.App.3d 706 , 713–714 [ 152 Cal.Rptr. 65 ] [demurrer hearing]; Calhoun v. Hildebrandt (1964) 230 Cal.App.2d 70 , 71–73 [ 40 Cal.Rptr. 690 ] [transcript of argument to the jury]; Ehman v. Moore (1963) 221 Cal.App.2d 460, 462 [ 34 Cal.Rptr. 540 ] [failure to secure reporter’s transcript of settled statement].)” ( Foust, supra, 198 Cal.App.4th at pp. 186–187.) The court further explained that “[t]he re…
discussed Cited as authority (rule) Zuo v. Lu CA2/3
Cal. Ct. App. · 2023 · confidence medium
Proc., § 1094.5 petition]; Sui v. Landi (1985) 163 Cal.App.3d 383 , 385–386 [motion to dissolve preliminary injunction hearing]; Rossiter v. Benoit (1979) 88 Cal.App.3d 706 , 713–714 [demurrer hearing]; Calhoun v. Hildebrandt (1964) 230 Cal.App.2d 70 , 71–73 [transcript of argument to the jury]; Ehman v. Moore (1963) 221 Cal.App.2d 460, 462 [failure to secure reporter’s transcript [or] settled statement].)” (Foust v. San Jose Construction Co., Inc. (2011) 198 Cal.App.4th 181 , 186–187.) Most of Zuo’s claims on appeal attack the factual bases for the court’s determination that …
cited Cited as authority (rule) Dresser v. Hiramanek CA3
Cal. Ct. App. · 2021 · confidence medium
(See Ehman v. Moore (1963) 221 Cal.App.2d 460, 463 [improper to state matters outside the record on appeal].) We will ignore them.
discussed Cited as authority (rule) Conservatorship of Migliore CA2/5
Cal. Ct. App. · 2016 · confidence medium
Proc. § 1094.5 petition]; Sui v. Landi (1985) 163 Cal.App.3d 383, 385-386 [motion to dissolve preliminary injunction hearing]; Rossiter v. Benoit (1979) 88 Cal.App.3d 706, 711-712 [demurrer hearing]; Calhoun v. Hildebrandt (1964) 230 Cal.App.2d 70, 71-73 [transcript of argument to jury]; Ehman v. Moore (1963) 221 Cal.App.2d 460, 462-463 [failure to secure reporter’s transcript or settled statement as to offers of proof].) These courts have refused to reach the merits of an appellant’s claim absent a reporter’s transcript or a suitable substitute because error is never presumed.
discussed Cited as authority (rule) Jamali v. Bank of America Home Loans CA2/5
Cal. Ct. App. · 2016 · confidence medium
Proc., § 1094.5 petition]; Sui v. Landi (1985) 163 Cal.App.3d 383, 385 [order denying preliminary injunction dissolution affirmed based on lack of reporter’s transcript]; Rossiter v. Benoit (1979) 88 Cal.App.3d 706, 711-712 [demurrer hearing]; Calhoun v. Hildebrandt (1964) 230 Cal.App.2d 70, 71-73 [argument to jury not in reporter’s transcript]; Ehman v. Moore (1963) 221 Cal.App.2d 460, 462-463 [failure to 19 secure reporter’s transcript or settled statement as to offers of proof]; Wetsel v. Garibaldi (1958) 159 Cal.App.2d 4, 9-10 [no reporter’s transcript of hearing ordering arbitrat…
discussed Cited as authority (rule) Queen of the Light La Nora Anderson v. TBC Associates CA1/3
Cal. Ct. App. · 2015 · confidence medium
(In re Marriage of Wilcox (2004) 124 Cal.App.4th 492, 498 ; Ehman v. Moore (1963) 221 Cal.App.2d 460, 463 [“Where the appellant fails to provide the reviewing court with a record enabling it to review and correct alleged errors the appeal will be dismissed.”].) Here, the record is patently inadequate.
discussed Cited as authority (rule) Protech Technical Services v. Vavala CA2/5
Cal. Ct. App. · 2015 · confidence medium
(Walker v. Superior Court (1991) 53 Cal.3d 257, 273-274 [transfer order]; Maria P. v. Riles (1987) 43 Cal.3d 1281, 1295-1296 [attorney fee motion hearing]; Ballard v. Uribe (1986) 41 Cal.3d 564, 574-575 (lead opn. of Grodin, J.) [new trial motion hearing]; In re Kathy P. (1979) 25 Cal.3d 91, 102 [hearing to determine whether counsel was waived and minor consented to informal adjudication]; Boeken v. Philip Morris, Inc. (2005) 127 Cal.App.4th 1640, 1672 [no record of judge’s ruling on an instruction request]; Vo v. Las Virgenes Municipal Water Dist. (2000) 79 Cal.App.4th 440, 447 [attorney fe…
discussed Cited as authority (rule) O'Connor v. Pletcher CA2/5
Cal. Ct. App. · 2015 · confidence medium
Proc., § 1094.5 petition]; Sui v. Landi (1985) 163 Cal.App.3d 383, 385-386 [motion to dissolve preliminary injunction hearing]; Rossiter v. Benoit (1979) 88 Cal.App.3d 706, 713-714 [demurrer hearing]; Calhoun v. Hildebrandt (1964) 230 Cal.App.2d 70, 71-73 [transcript of argument to the jury]; Ehman v. Moore (1963) 221 Cal.App.2d 460, 462 [failure to secure reporter’s transcript or settled statement as to offers of proof]; Wetsel v. Garibaldi (1958) 159 Cal.App.2d 4, 10 [order confirming arbitration award].) 8 C.
discussed Cited as authority (rule) Estate of Maciel CA2/5
Cal. Ct. App. · 2015 · confidence medium
Proc., § 1094.5 petition]; Sui v. Landi (1985) 163 Cal.App.3d 383, 385-386 [order denying preliminary injunction dissolution affirmed based on lack of reporter’s transcript]; Rossiter v. Benoit (1979) 88 Cal.App.3d 706, 711-712 [demurrer hearing]; Calhoun v. Hildebrandt (1964) 230 Cal.App.2d 70 , 71- 73 [argument to jury not in reporter’s transcript]; Ehman v. Moore (1963) 221 Cal.App.2d 460, 462-463 [failure to secure reporter’s transcript or settled statement as to offers of proof]; Wetsel v. Garibaldi (1958) 159 Cal.App.2d 4, 10 , disapproved on another point in Posner v. Grunwald-Ma…
discussed Cited as authority (rule) Marriage of Yuan CA4/1
Cal. Ct. App. · 2015 · confidence medium
(Aguilar v. Avis Rent A Car System, Inc. (1999) 21 Cal.4th 121, 132 ; Vo v. Las Virgenes Municipal Water Dist. (2000) 79 Cal.App.4th 440, 448 ["The absence of a record concerning what actually 10 occurred at the trial precludes a determination that the trial court abused its discretion."]; Ehman v. Moore (1963) 221 Cal.App.2d 460, 462 [failure to secure reporter's transcript or settled statement].) The parties both testified at the hearing, but we cannot review the testimony or assess the state of the evidence.
discussed Cited as authority (rule) Johnson v. Syed CA2/5
Cal. Ct. App. · 2015 · confidence medium
Proc., § 1094.5 petition]; Sui v. Landi (1985) 163 Cal.App.3d 383 , 385–386 6 [motion to dissolve preliminary injunction hearing]; Rossiter v. Benoit (1979) 88 Cal.App.3d 706 , 713–714 [demurrer hearing]; Calhoun v. Hildebrandt (1964) 230 Cal.App.2d 70 , 71–73 [transcript of argument to the jury]; Ehman v. Moore (1963) 221 Cal.App.2d 460, 462 [failure to secure reporter’s transcript or settled statement as to offers of proof]; Wetsel v. Garibaldi (1958) 159 Cal.App.2d 4, 10 [order confirming arbitration award].) Here, no reporter was present for the deemed admitted motion hearing, the…
discussed Cited as authority (rule) Total Transportation Services v. Armenta CA2/5
Cal. Ct. App. · 2015 · confidence medium
Proc. § 1094.5 petition]; Sui v. Landi (1985) 163 Cal.App.3d 383, 385-386 [motion to dissolve preliminary injunction hearing]; Rossiter v. Benoit (1979) 88 Cal.App.3d 706, 713-714 [demurrer hearing]; Calhoun v. Hildebrandt (1964) 230 Cal.App.2d 70, 71-73 [transcript of argument to jury]; Ehman v. Moore (1963) 221 Cal.App.2d 460, 462 [failure to secure reporter’s transcript or settled statement as to offers of proof].) These courts have refused to reach the merits of an appellant’s claim absent a reporter’s transcript or a suitable substitute because error is never presumed.
discussed Cited as authority (rule) Gutierrez-Hernandez v. McGills Warehouse CA2/5
Cal. Ct. App. · 2014 · confidence medium
Proc., § 1094.5 petition]; Sui v. Landi (1985) 163 Cal.App.3d 383, 385 [order denying preliminary injunction dissolution affirmed based on lack of reporter’s transcript]; Rossiter v. Benoit (1979) 88 Cal.App.3d 706, 713-714 [demurrer hearing]; Calhoun v. Hildebrandt (1964) 230 Cal.App.2d 70, 71-73 [transcript of argument to the jury]; Ehman v. Moore (1963) 221 Cal.App.2d 460, 462 [failure to secure reporter’s transcript or settled statement as to offers of proof]; Wetsel v. Garibaldi (1958) 159 Cal.App.2d 4, 10 [order confirming arbitration award].) Without these numerous transcripts, we …
discussed Cited as authority (rule) DiFrank v. Champaneri CA2/5
Cal. Ct. App. · 2014 · confidence medium
Proc., § 1094.5 petition]; Sui v. Landi (1985) 163 Cal.App.3d 383, 385-386 [hearing on a motion to dissolve a preliminary injunction]; Rossiter v. Benoit (1979) 88 Cal.App.3d 706, 713-714 [demurrer 3 hearing]; Calhoun v. Hildebrandt (1964) 230 Cal.App.2d 70, 71-73 [transcript of argument to jury]; Ehman v. Moore (1963) 221 Cal.App.2d 460, 462 [failure to secure either a reporter’s transcript or a settled statement as to offers of proof]; Wetsel v. Garibaldi (1958) 159 Cal.App.2d 4, 10 [order confirming arbitration award].) In Foust v. San Jose Const. Co., Inc. (2011) 198 Cal.App.4th 181 , t…
discussed Cited as authority (rule) Mouradian v. Jehdian CA2/5
Cal. Ct. App. · 2014 · confidence medium
Proc., § 1094.5 petition]; Sui v. Landi (1985) 163 Cal.App.3d 383, 385 [order denying preliminary injunction dissolution affirmed based on lack of reporter’s transcript]; Rossiter v. Benoit (1979) 88 Cal.App.3d 706, 713-714 [demurrer hearing]; Calhoun v. Hildebrandt (1964) 230 5 Cal.App.2d 70, 71-73 [transcript of argument to the jury]; Ehman v. Moore (1963) 221 Cal.App.2d 460, 462 [failure to secure reporter’s transcript or settled statement as to offers of proof]; Wetsel v. Garibaldi (1958) 159 Cal.App.2d 4, 10 [order confirming arbitration award].) We affirm the September 6, 2013 order…
discussed Cited as authority (rule) Rabbini v. America's Wholesale Lender CA2/5
Cal. Ct. App. · 2014 · confidence medium
Proc., § 1094.5 petition]; Sui v. Landi (1985) 163 Cal.App.3d 383, 385-386 [motion to dissolve preliminary injunction hearing]; Rossiter v. Benoit (1979) 88 Cal.App.3d 706, 713-714 [demurrer hearing]; Calhoun v. Hildebrandt (1964) 230 Cal.App.2d 70, 71-73 [transcript of argument to the jury]; Ehman v. Moore (1963) 221 Cal.App.2d 460, 462 [failure to secure reporter’s transcript or settled statement as to offers of proof]; Wetsel v. Garibaldi (1958) 159 Cal.App.2d 4, 10 [order confirming arbitration award].) Plaintiff was granted leave to augment the record with the reporter’s transcripts …
discussed Cited as authority (rule) Palm Development Group v. Farahani CA2/5
Cal. Ct. App. · 2014 · confidence medium
Proc., § 1094.5 petition]; 5 Sui v. Landi (1985) 163 Cal.App.3d 383, 385 [order denying preliminary injunction dissolution affirmed based on lack of reporter’s transcript]; Rossiter v. Benoit (1979) 88 Cal.App.3d 706, 713-714 [demurrer hearing]; Calhoun v. Hildebrandt (1964) 230 Cal.App.2d 70, 71-73 [transcript of argument to the jury]; Ehman v. Moore (1963) 221 Cal.App.2d 460, 462 [failure to secure reporter’s transcript or settled statement as to offers of proof]; Wetsel v. Garibaldi (1958) 159 Cal.App.2d 4, 10 [order confirming arbitration award].) In the absence of an adequate record,…
discussed Cited as authority (rule) Wong v. Lee CA2/5
Cal. Ct. App. · 2014 · confidence medium
Proc. § 1094.5 petition]; Sui v. Landi (1985) 163 Cal.App.3d 383, 385-386 [hearing on a motion to dissolve a preliminary injunction]; Rossiter v. Benoit (1979) 88 Cal.App.3d 706, 713-714 [demurrer hearing]; Calhoun v. Hildebrandt (1964) 230 Cal.App.2d 70, 71-73 [transcript of argument to jury]; Ehman v. Moore (1963) 221 Cal.App.2d 460, 462 [failure to secure either a reporter’s transcript or a settled statement as to offers of proof]; Wetsel v. Garibaldi (1958) 159 Cal.App.2d 4, 10 [order confirming arbitration award].) The failure of Wong in the present appeal to provide a reporter’s tra…
discussed Cited as authority (rule) Quinn, Emanuel Urquhart & Sullivan v. Kurtin CA2/5
Cal. Ct. App. · 2014 · confidence medium
Proc., § 1094.5 petition]; Sui v. 5 Landi (1985) 163 Cal.App.3d 383, 385-386 [motion to dissolve preliminary injunction hearing]; Rossiter v. Benoit (1979) 88 Cal.App.3d 706, 713-714 [demurrer hearing]; Calhoun v. Hildebrandt (1964) 230 Cal.App.2d 70, 71-73 [transcript of argument to the jury]; Ehman v. Moore (1963) 221 Cal.App.2d 460, 462 [failure to secure reporter’s transcript or settled statement as to offers of proof]; Wetsel v. Garibaldi (1958) 159 Cal.App.2d 4, 10 [order confirming arbitration award].) On this ground alone, the orders must be affirmed.
discussed Cited as authority (rule) Gardley v. County of Los Angeles Child Support Services Dept. CA2/5
Cal. Ct. App. · 2014 · confidence medium
Proc., § 1094.5 petition]; Sui v. Landi (1985) 163 Cal.App.3d 383, 385-386 [motion to dissolve preliminary injunction hearing]; Rossiter v. Benoit (1979) 88 Cal.App.3d 706, 713-714 [demurrer hearing]; Calhoun v. Hildebrandt (1964) 230 Cal.App.2d 70, 71-73 [transcript of argument to the jury]; Ehman v. Moore (1963) 221 Cal.App.2d 460, 462 [failure to secure reporter’s transcript or settled statement].)” (Foust v. San Jose Construction Co., Inc. (2011) 198 Cal.App.4th 181, 186-187 .) 3 DISPOSITION The judgment is affirmed.
discussed Cited as authority (rule) Hao v. Millbrae Paradise CA2/5
Cal. Ct. App. · 2013 · confidence medium
Proc., § 1094.5 petition]; Sui v. Landi (1985) 163 Cal.App.3d 383, 385-386 [motion to dissolve preliminary injunction hearing]; Rossiter v. Benoit (1979) 88 Cal.App.3d 706, 711-712 [demurrer hearing]; Calhoun v. Hildebrandt (1964) 230 Cal.App.2d 70, 71-73 [transcript of argument to the jury]; Ehman v. Moore (1963) 221 Cal.App.2d 460, 462 [failure to secure reporter’s transcript or settled statement as to offers of proof]; Wetsel v. Garibaldi (1958) 159 Cal.App.2d 4, 10 [order confirming arbitration award].) As to any evidentiary matters, in the absence of a transcript or a suitable substitu…
discussed Cited as authority (rule) Gomez v. City of Los Angeles CA2/5
Cal. Ct. App. · 2013 · confidence medium
Proc., § 1094.5 petition]; Sui v. Landi (1985) 163 Cal.App.3d 383, 385-386 [motion to dissolve preliminary injunction hearing]; Rossiter v. Benoit (1979) 88 Cal.App.3d 706, 713-714 [demurrer hearing]; Calhoun v. Hildebrandt (1964) 230 Cal.App.2d 70, 71-73 [transcript of argument to the jury]; Ehman v. Moore (1963) 221 Cal.App.2d 460, 462 [failure to secure reporter’s transcript or settled statement as to offers of proof]; Wetsel v. Garibaldi (1958) 159 Cal.App.2d 4, 10 [order confirming arbitration award].) On this ground alone, I would affirm the judgment in its entirety.
discussed Cited as authority (rule) Chodos v. Cole
Cal. Ct. App. · 2012 · confidence medium
Proc., § 1094.5 petition]; Sui v. Landi (1985) 163 Cal.App.3d 383, 385-386 [209 CaLRptr. 449] [motion to dissolve preliminary injunction hearing]; Rossiter v. Benoit (1979) 88 Cal.App.3d 706, 713-714 [152 CaLRptr. 65] [demurrer hearing]; Calhoun v. Hildebrandt (1964) 230 Cal.App.2d 70, 71-73 [ 40 Cal.Rptr. 690 ] [transcript of argument to the jury]; Ehman v. Moore (1963) 221 Cal.App.2d 460, 462 [ 34 Cal.Rptr. 540 ] [failure to secure reporter’s transcript or settled statement as to offers of proof]; Wetsel v. Garibaldi (1958) 159 Cal.App.2d 4, 10 [ 323 P.2d 524 ] [order confirming arbitrati…
discussed Cited as authority (rule) Foust v. San Jose Construction Co.
Cal. Ct. App. · 2011 · confidence medium
Proc., § 1094.5 petition]; Sui v. Landi (1985) 163 Cal.App.3d 383, 385-386 [ 209 Cal.Rptr. 449 ] [motion to dissolve preliminary injunction hearing]; Rossiter v. Benoit (1979) 88 Cal.App.3d 706, 713-714 [ 152 Cal.Rptr. 65 ] [demurrer hearing]; Calhoun v. Hildebrandt (1964) 230 Cal.App.2d 70, 71-73 [ 40 Cal.Rptr. 690 ] [transcript of argument to the jury]; Ehman v. Moore (1963) 221 Cal.App.2d 460, 462 [ 34 Cal.Rptr. 540 ] [failure to secure reporter’s transcript of settled statement].) The reason for this follows from the cardinal rule of appellate review that a judgment or order of the tria…
discussed Cited as authority (rule) People v. Sullivan
Cal. Ct. App. · 2007 · confidence medium
If the court grants the motion, the statement must be served, filed, and settled as rule 8.137 provides, but the order granting the motion must fix the times for doing so.” (Cal. Rules of Court, rule 8.130(g)(1)(B).) Pursuant to California Rules of Court, rule 8.137(a)(1), an “appellant wanting to proceed” with a “settled statement” must file a motion in superior court “to use a settled statement” instead of a reporter’s transcript; the motion must be supported by a showing that the “designated oral proceedings were not reported or cannot be transcribed . . . .” (Cal. Rules…
discussed Cited as authority (rule) Webman v. Little Co. of Mary Hospital
Cal. Ct. App. · 1995 · confidence medium
Though the failure to produce an adequate record can result in the dismissal of an appeal (Ehman v. Moore (1963) 221 Cal.App.2d 460, 463 [ 34 Cal.Rptr. 540 ]; Barry v. Rodgers (1962) 199 Cal.App.2d 298, 301-302 [ 18 Cal.Rptr. 723 ]; Altman v. Poole (1957) 151 Cal.App.2d 589, 593 [ 312 P.2d 6 ]) or the summary affirmance of a judgment (Weiss v. Brentwood Sav. & Loan Assn., supra, 4 Cal.App.3d at p. 746; Conner v. Rose (1963) 219 Cal.App.2d 327, 328-329 [ 32 Cal.Rptr. 919 ]), we nonetheless decided to have the omitted materials transferred to this court on our own motion.
discussed Cited as authority (rule) Ford v. Boston
Cal. Ct. App. · 1983 · confidence medium
(See Cal. Rules of Court, rule 13; Ehman v. Moore (1963) 221 Cal.App.2d 460, 462-463 [ 34 Cal.Rptr. 540 ].) Because we cannot consider facts and circumstances outside the record, accordingly, we shall treat this as a judgment roll appeal.
discussed Cited as authority (rule) Estate of Feeney
Cal. Ct. App. · 1983 · confidence medium
(See Cal. Rules of Court, rule 13; Ehman v. Moore (1963) 221 Cal. App.2d 460, 462-463 [ 34 Cal. Rptr. 540 ].) Because we cannot consider facts and circumstances outside the record, accordingly, we shall treat this as a judgment roll appeal. (4) In such an appeal, we are confined to a determination of whether the trial court's findings are within the issues; whether the judgment is supported by the findings, and whether reversible error appears on the face of the record. [5] ( Montaldo v. Hires Bottling Co. (1943) 59 Cal. App.2d 642, 646 [ 139 P.2d 666 ]; Estate of Larson (1949) 92 Cal. App.2d …
discussed Cited as authority (rule) Garrett v. Shenson Meat Co.
Cal. Ct. App. · 1970 · confidence medium
(Ehman v. Moore, 221 Cal.App.2d 460, 463 [ 34 Cal.Rptr. 540 ]; Woolford v. Denbow, 216 Cal.App.2d 200, 203 [ 30 Cal.Rptr. 794 ].) And since we presume no error we must conclude that the evidence before the court and jury supported only a finding that American Bus Lines was negligent and *75 that such negligence proximately contributed to the accident and Garrett’s injuries.
discussed Cited as authority (rule) Gutierrez v. Superior Court
Cal. Ct. App. · 1966 · confidence medium
(Dryer v. Dryer, 231 Cal.App.2d 441, 451 [ 41 Cal.Rptr. 839 ] People v. Croft, 134 Cal.App.2d 800, 804 [286 P.2d 479]; Ehman v. Moore, 221 Cal.App.2d 460, 463 [ 34 Cal.Rptr. 540 ].) But even if we could, it is apparent that this affidavit in no way refutes the fact that San Francisco County has been fixed by law as Libbey’s principal place of business by Libbey’s compliance with Corporations Code section 6403 or that Libbey is conducting business operations in such county.
discussed Cited "see" Royal Coach Tours v. Miletak CA6
Cal. Ct. App. · 2026 · signal: accord · confidence high
All intendments and presumptions are indulged to support it on matters as to which the record is silent, and error must be affirmatively shown.’ ” (Denham v. Superior Court (1970) 2 Cal.3d 557, 564 ; accord, In re Julian R. (2009) 47 Cal.4th 487, 498-499 .) In other words, “the burden is on an appellant to demonstrate, on the basis of the record 4 presented to the appellate court, that the trial court committed an error that justifies reversal of the judgment.” (Jameson v. Desta (2018) 5 Cal.5th 594, 609 (Jameson).) An appellate court’s review is generally “confined . . . to the pr…
discussed Cited "see" Marriage of Zhang and Mo CA6
Cal. Ct. App. · 2026 · signal: accord · confidence high
All intendments and presumptions are indulged to support it on matters as to which the record is silent, and error must be affirmatively shown.’ ” (Denham v. Superior Court (1970) 2 Cal.3d 557, 564 ; accord, In re Julian R. (2009) 47 Cal.4th 487, 498-499 .) In other words, “the burden is on an appellant to demonstrate, on the basis of the record presented to the appellate court, that the trial court committed an error that justifies reversal of the judgment.” (Jameson v. Desta (2018) 5 Cal.5th 594, 609 (Jameson).) To meet this burden, the appellant must “provide an adequate record to…
discussed Cited "see" Zhang v. Tang CA6
Cal. Ct. App. · 2025 · signal: accord · confidence high
All intendments and presumptions are indulged to support it on matters as to which the record is silent, and error must be affirmatively shown.’ ” (Denham v. Superior Court (1970) 2 Cal.3d 557, 564 ; accord, In re Julian R. (2009) 47 Cal.4th 487, 498-499 (Julian R.).) In other words, “the burden is on an appellant to demonstrate . . . that the trial court committed an error that justifies reversal of the judgment.” (Jameson v. Desta (2018) 5 Cal.5th 594, 609 (Jameson).) The appellate presumption of correctness includes a presumption that the trial court was “ ‘ “aware of and foll…
Retrieving the full opinion text from the archive…
JOHN B. EHMAN, Plaintiff and Respondent,
v.
LOUIS MOORE Et Al., Defendants and Appellants
Civ. 20703.
California Court of Appeal.
Oct 23, 1963.
221 Cal. App. 2d 460
Louis C. Moore, in pro. per., Hudson, Martin, Ferrante & Street and Peter J. Coniglio for Defendants and Appellants., Hoge, Fenton, Jones & Appel and Charles H. Page for Plaintiff and Respondent.
Shoemaker.
Cited by 39 opinions  |  Published
SHOEMAKER, J.

Defendants Louis C. and Eduarda S. Moore appeal from a money judgment for plaintiff John B. Ehman in an action to recover on a promissory note.

Appellants’ sole contention is that the trial court erred in terminating the trial and ordering judgment for respondent before appellants had had an opportunity to complete their defense. Under this general assignment of error, appellants specify that the trial court improperly ruled that the parol evidence rule precluded it from receiving appellants’ proffered evidence bearing upon three separate defenses : (1) that the promissory note sued upon was a mere sham or artifice and of no binding effect, (2) that there was a failure of consideration for the execution of the note, and (3) that respondent procured the execution of the note by means of false and fraudulent representations. Due to the state of the record on appeal, appellants’ position cannot be sustained.

The reporter’s transcript reveals the following: respondent testified to the execution, delivery and nonpayment of the note, except for a certain specified sum. Appellant Louis C. Moore then took the stand on his own behalf and testified that the note had been executed as a result of an oral agreement between himself, respondent, and one Grant, all of whom were then shareholders, officers and directors in the Cerneo corporation. It was agreed that the three men would purchase all of the Cerneo stock owned by Mr. Redding, a fourth shareholder who had instituted proceedings to compel dissolution of the corporation. Since appellant Moore, who served as attorney for the corporation, did not have sufficient[*462] funds to cover Ms portion of the stock, respondent agreed to loan him the necessary sum in return for the promissory note subject of this action. All three men further agreed, in their capacity as corporate directors, that appellant Moore’s retainer as attorney for the corporation would be increased from $75 to $300 per month. Of this amount, $100 per month was to be held back by the corporation and applied against the principal of the note. When the corporation subsequently became bankrupt, respondent commenced the instant proceeding on the note.

In addition to appellant Moore, the corporate bookkeeper, Mr. Mocettini, was also called as a witness for the defense. He testified that respondent had instructed Mm to withhold a specified amount from appellant Moore’s monthly retainer and credit it against the note.

At the conclusion of Mocettini’s testimony, appellant Moore was recalled to the stand, and his direct testimony was concluded. Respondent’s counsel then asked several questions on cross-examination. At this point in the reporter’s transcript appears the notation “ (Argument by counsel),” which is followed immediately by the trial court’s statement, “I see no other alternative but to grant judgment to plaintiff against defendants. ...”

The record above summarized contains no indication whatever that the trial judge brought the trial to a premature conclusion or that he rejected any offer of proof by appellants. The reporter’s transcript, while indicating that argument by counsel did ensue, sheds no light on the subject of that discussion and clearly lends no support to appellants’ contention that they made three separate offers of proof which the court rejected as violative of the parol evidence rule.

Appellants were well aware of this deficiency in the record presented to us as early as June 6, 1962, for prior thereto they had by motion sought corrections in the transcript, which motion was abandoned and no further action taken. Appellants’ proper remedy, upon learning of the unavailability of portions of the transcript, was to obtain a settled statement of the oral proceedings prepared by the parties and settled by the judge who heard the matter, or an agreed statement prepared by the parties and consisting of a condensed statement of the relevant proceedings. (Cal. Rules of Court, rules 4, 6, 7 * ; Le Font v. Rankin (1959) 167 Cal.[*463] App.2d 433, 436-437 [334 P.2d 608].) Appellants failed to utilize either procedure and have provided this court with a record which is wholly inadequate to enable it to review the error complained of.

It is settled that a ground for reversal which is based upon facts outside the record is not available on appeal. {Firemen’s Ins. Co. v. Indermill (1960) 182 Cal.App.2d 339, 341-342 [6 Cal.Rptr. 469]; Chenoweth v. Office of City Clerk (1955) 131 Cal.App.2d 498, 500 [280 P.2d 858].) Matter which does not appear in the record may not be considered by an appellate court upon the suggestion of counsel in their briefs. {Bank of America v. Dowdy (1960) 186 Cal.App.2d 690, 695 [9 Cal.Rptr. 779]; Dalla v. Staab (1959) 173 Cal.App.2d 613, 617 [343 P.2d 977].) In order to obtain a reversal of the judgment, the appealing party must furnish the reviewing court with a record which affirmatively demonstrates that the trial court ruled erroneously to his prejudice. {Guardianship of Blair (1958) 163 Cal.App.2d 319, 323 [328 P.2d 986]; Finnegan v. Finnegan (1944) 64 Cal.App.2d 109, 111 [148 P.2d 37].) “In the absence of a contrary showing in the record, all presumptions in favor of the action of the trial court will be indulged by an appellate court.” {Alexander v. McDonald (1948) 86 Cal.App.2d 670, 671 [195 P.2d 24].) Where the appellant fails to provide the reviewing court with a record enabling it to review and correct alleged errors, the appeal will be dismissed. {In re Salazar (1962) 205 Cal.App.2d 102, 105 [22 Cal.Rptr. 770]; Barry v. Rodgers (1962) 199 Cal.App.2d 298, 301-302 [18 Cal.Rptr. 723]; Altman v. Poole (1957) 151 Cal.App.2d 589, 593 [312 P.2d 6].)

For the reasons discussed, the appeal is dismissed.

Agee, J., concurred.

A petition for a rehearing was denied November 12, 1963, and appellants’ petition for a hearing by the Supreme Court was denied December 18, 1963.

*

Formerly Buies on Appeal, rules 4, 6, 7.