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19 California opinions name it 1 courts 2016–2026 18 in the last five years
The cases below were cited by California courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.
| Case | Followed | Cited |
|---|---|---|
Elena S. v. Kroutikgreen2 sentences2026“A proper record includes a reporter’s transcript or a settled statement of any hearing leading to the order being challenged on appeal.” (Elena S., supra, 247 Cal.App.4th at p. 574 .) Because the record is limited to the clerk’s transcript, we treat this as an appeal “ ‘on the judgment roll,’ to which the following rules apply: ‘ “Error must be affirmatively shown by the record and will not be presumed on appeal [citation]; the validity of the judgment [or order] on its face may be determined by looking only to the matters constituting part of the judgment 8. roll [citation]; where no error a 2026“A proper record includes a reporter’s transcript or a settled statement of any hearing leading to the order being challenged on appeal.” (Elena S., supra, 247 Cal.App.4th at p. 574 .) Because the record is limited to the clerk’s transcript, we treat this as an appeal “ ‘on the judgment roll,’ to which the following rules apply: ‘ “Error must be affirmatively shown by the record and will not be presumed on appeal [citation]; the validity of the judgment [or order] on its face may be determined by looking only to the matters constituting part of the judgment 8. roll [citation]; where no error a | 4 | 17 |
Ballard v. Uribegreen2 sentences2024(Ballard v. Uribe (1986) 41 Cal.3d 564, 574 .) “Failure to provide an adequate record on an issue requires that the issue be resolved against appellant.” (Randall v. 16 Mousseau (2016) 2 Cal.App.5th 929, 935 .) “A proper record includes a reporter’s transcript or a settled statement of any hearing leading to the order being challenged on appeal.” (Elena S. v. Kroutik (2016) 247 Cal.App.4th 570, 574 .) As a consequence, we are compelled to reject Breckenridge’s challenge to the trial court’s resolution of its claims in favor of Gerald. 2023“As a general rule, a claim of error will be deemed to have been forfeited when a party fails to bring the error to the trial court’s attention by timely motion or objection.” (Avalos v. Perez (2011) 196 Cal.App.4th 773, 776 .) An appellant must also provide an adequate record to demonstrate the purported error (Ballard v. Uribe (1986) 41 Cal.3d 564, 574 ), and generally, “[a] proper record includes a reporter’s transcript or a settled statement of any hearing leading to the order being challenged on appeal” (Elena S. v. Kroutik (2016) 247 Cal.App.4th 570, 574 ). | 1 | 3 |
Jameson v. Destagreen2 sentences2025(See Jameson, supra, 5 Cal.5th at p. 608 [“lack of a verbatim record of such proceedings will frequently be fatal to a litigant’s ability to have his or her claims of trial court 5 error resolved on the merits by an appellate court”]; Elena S. v. Kroutik (2016) 247 Cal.App.4th 570, 574 [“A proper record includes a reporter’s transcript or a settled statement of any hearing leading to the order being challenged on appeal.”].) For the November 18, 2022 order denying Nicholson’s request to set aside the default judgment, the appellate record does not include Nicholson’s moving papers, Pacific’s o 2024(Elena S., at pp. 574–575; Jameson, supra, 5 Cal.4th at p. 609 [“ ‘Failure to provide an adequate record on an issue requires that the issue be resolved against [the appellant]’ ”].) Further, Vargas’s opening appellate brief does not even mention, let alone address, the stated basis of the court’s ruling for why Najarro could not be brought back into the action, which was the law of the case doctrine.4 The court observed that Vargas had argued claim preclusion but, instead of reaching those arguments, focused on Vargas’s failure “to discuss why the federal court’s order does not establish the | 1 | 2 |
In Re Estate of Faingreen2 sentences2025The effect of this rule is that an appellant who attacks a judgment [or order] but supplies no reporter’s transcript will be precluded from raising an argument as to the sufficiency of the evidence.” (Estate of Fain (1999) 75 Cal.App.4th 973, 992 .) We must therefore presume the renewal order was correct as to all evidentiary matters (see ibid.), and Michael has failed to show otherwise. 2021To put it another way, it is presumed that the unreported trial testimony would demonstrate the absence of error. [Citation.] The effect of this rule is that an appellant who attacks a judgment but supplies no reporter’s transcript will be precluded from raising an argument as to the sufficiency of the evidence.” (In re Estate of Fain (1999) 75 Cal.App.4th 973, 992 (Fain); see also Jade Fashion & Co., Inc. v. Harkham Industries, Inc. (2014) 229 Cal.App.4th 635, 644 [“Where the appellant fails to provide an adequate record of the challenged proceedings, we must presume that the appealed judgmen | 1 | 2 |
Maria P. v. Rilesgreen1 sentence2025(See Maria P. v. Riles (1987) 43 Cal.3d 1281, 1295 [appellant has burden “to provide an adequate record to assess error”].) “A proper record includes a reporter’s transcript or a settled statement of any hearing leading to the order being challenged on appeal.” (Elena S. v. Kroutik (2016) 247 Cal.App.4th 570, 574 .) We cannot determine whether the 3 We agree with Aquino that an order denying a defense fees motion after the plaintiff’s voluntary dismissal of the entire action without prejudice is appealable as a final determination of the parties’ rights and hence a final judgment. | 1 | 1 |
Gassner v. Stasagreen1 sentence2025(See Gassner v. Stasa (2018) 30 Cal.App.5th 346, 354 [costs order following voluntary dismissal without prejudice “is the final determination of the parties’ rights; hence, it is a judgment and appealable as such under Code of Civil Procedure section 904.1, subdivision (a)(1)”].) 4 trial court abused its discretion without knowing the basis for its ruling, which it delivered orally at the hearing. | 1 | 1 |
Allen v. Totengreen1 sentence2024All intendments and presumptions are indulged to support it on matters as to which the record is silent . . . .” ’ [Citation.] A proper record includes a reporter’s transcript or a settled statement of any hearing leading to the order being challenged on appeal.” (Elena S. v. Kroutik (2016) 247 Cal.App.4th 570, 574 .) “[O]n 2 issues . . . involving the abuse of discretion standard of review, a reporter’s transcript or an agreed or settled statement of the proceedings is indispensable.” (Hood v. Gonzales (2019) 43 Cal.App.5th 57 , 79, italics added; see Cal. Rules of Court, rule 8.120(b).) The | 1 | 1 |
Jade Fashion & Co. v. Harkham Industries, Inc.green1 sentence2021To put it another way, it is presumed that the unreported trial testimony would demonstrate the absence of error. [Citation.] The effect of this rule is that an appellant who attacks a judgment but supplies no reporter’s transcript will be precluded from raising an argument as to the sufficiency of the evidence.” (In re Estate of Fain (1999) 75 Cal.App.4th 973, 992 (Fain); see also Jade Fashion & Co., Inc. v. Harkham Industries, Inc. (2014) 229 Cal.App.4th 635, 644 [“Where the appellant fails to provide an adequate record of the challenged proceedings, we must presume that the appealed judgmen | 1 | 1 |
Berg v. Investors Real Estate Loan Co.green2 sentences2016(See Null v. City of Los Angeles (1988) 206 Cal.App.3d 1528, 1532 [ 254 Cal.Rptr. 492 ]; Berg v. Investors Real Estate Loan Co. (1962) 207 Cal.App.2d 808, 817-818 [ 24 Cal.Rptr. 701 ]; Utz v. Aureguy (1952) 109 Cal.App.2d 803, 806-807 [ 241 P.2d 639 ].) Although Vlad is representing himself in propria persona, he is not exempt from the rules governing appeals. 2016(See Null v. City of Los Angeles (1988) 206 Cal.App.3d 1528, 1532 [ 254 Cal.Rptr. 492 ]; Berg v. Investors Real Estate Loan Co. (1962) 207 Cal.App.2d 808, 817-818 [ 24 Cal.Rptr. 701 ]; Utz v. Aureguy (1952) 109 Cal.App.2d 803, 806-807 [ 241 P.2d 639 ].) Although Vlad is representing himself in propria persona, he is not exempt from the rules governing appeals. | 1 | 1 |
Null v. City of Los Angelesgreen2 sentences2016(See Null v. City of Los Angeles (1988) 206 Cal.App.3d 1528, 1532 [ 254 Cal.Rptr. 492 ]; Berg v. Investors Real Estate Loan Co. (1962) 207 Cal.App.2d 808, 817-818 [ 24 Cal.Rptr. 701 ]; Utz v. Aureguy (1952) 109 Cal.App.2d 803, 806-807 [ 241 P.2d 639 ].) Although Vlad is representing himself in propria persona, he is not exempt from the rules governing appeals. 2016(See Null v. City of Los Angeles (1988) 206 Cal.App.3d 1528, 1532 [ 254 Cal.Rptr. 492 ]; Berg v. Investors Real Estate Loan Co. (1962) 207 Cal.App.2d 808, 817-818 [ 24 Cal.Rptr. 701 ]; Utz v. Aureguy (1952) 109 Cal.App.2d 803, 806-807 [ 241 P.2d 639 ].) Although Vlad is representing himself in propria persona, he is not exempt from the rules governing appeals. | 1 | 1 |
Rossiter v. Benoitgreen2 sentences2016All intendments and presumptions are indulged to support it on matters as to which the record is silent....’” (Rossiter v. Benoit (1979) 88 Cal.App.3d 706, 712 [ 152 Cal.Rptr. 65 ].) A proper record includes a reporter’s transcript or a settled statement of any hearing leading to the order being challenged on appeal. 2016All intendments and presumptions are indulged to support it on matters as to which the record is silent....’” (Rossiter v. Benoit (1979) 88 Cal.App.3d 706, 712 [ 152 Cal.Rptr. 65 ].) A proper record includes a reporter’s transcript or a settled statement of any hearing leading to the order being challenged on appeal. | 1 | 1 |
Utz v. Aureguygreen2 sentences2016(See Null v. City of Los Angeles (1988) 206 Cal.App.3d 1528, 1532 [ 254 Cal.Rptr. 492 ]; Berg v. Investors Real Estate Loan Co. (1962) 207 Cal.App.2d 808, 817-818 [ 24 Cal.Rptr. 701 ]; Utz v. Aureguy (1952) 109 Cal.App.2d 803, 806-807 [ 241 P.2d 639 ].) Although Vlad is representing himself in propria persona, he is not exempt from the rules governing appeals. 2016(See Null v. City of Los Angeles (1988) 206 Cal.App.3d 1528, 1532 [ 254 Cal.Rptr. 492 ]; Berg v. Investors Real Estate Loan Co. (1962) 207 Cal.App.2d 808, 817-818 [ 24 Cal.Rptr. 701 ]; Utz v. Aureguy (1952) 109 Cal.App.2d 803, 806-807 [ 241 P.2d 639 ].) Although Vlad is representing himself in propria persona, he is not exempt from the rules governing appeals. | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in California. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Nielsen v. Gibson
green
2 sentences2026“A proper record includes a reporter’s transcript or a settled statement of any hearing leading to the order being challenged on appeal.” (Elena S., supra, 247 Cal.App.4th at p. 574 .) Because the record is limited to the clerk’s transcript, we treat this as an appeal “ ‘on the judgment roll,’ to which the following rules apply: ‘ “Error must be affirmatively shown by the record and will not be presumed on appeal [citation]; the validity of the judgment [or order] on its face may be determined by looking only to the matters constituting part of the judgment 8. roll [citation]; where no error a 2026“A proper record includes a reporter’s transcript or a settled statement of any hearing leading to the order being challenged on appeal.” (Elena S., supra, 247 Cal.App.4th at p. 574 .) Because the record is limited to the clerk’s transcript, we treat this as an appeal “ ‘on the judgment roll,’ to which the following rules apply: ‘ “Error must be affirmatively shown by the record and will not be presumed on appeal [citation]; the validity of the judgment [or order] on its face may be determined by looking only to the matters constituting part of the judgment 8. roll [citation]; where no error a | 3 | 2026–2026 |
Jonathan Vo v. Las Virgenes Municipal Water District
green
2 sentences2026“Although in certain instances a reporter’s transcript may not be necessary, including if an appeal involves a legal issue requiring de novo review [citation], on issues … involving the abuse of discretion standard of review, a reporter’s transcript or an agreed or settled statement of the proceedings is indispensable.” (Hood v. Gonzales (2019) 43 Cal.App.5th 57 , 79.) “The absence of a record concerning what actually occurred at the [hearing] precludes a determination that the trial court abused its discretion.” (Vo v. Las Virgenes Municipal Water Dist., supra, 79 Cal.App.4th at p. 448 .) Mor 2026“Although in certain instances a reporter’s transcript may not be necessary, including if an appeal involves a legal issue requiring de novo review [citation], on issues … involving the abuse of discretion standard of review, a reporter’s transcript or an agreed or settled statement of the proceedings is indispensable.” (Hood v. Gonzales (2019) 43 Cal.App.5th 57 , 79.) “The absence of a record concerning what actually occurred at the [hearing] precludes a determination that the trial court abused its discretion.” (Vo v. Las Virgenes Municipal Water Dist., supra, 79 Cal.App.4th at p. 448 .) Mor | 2 | 2026–2026 |
Ehrler v. Ehrler
green
1 sentence2024(Ehrler v. Ehrler (1981) 126 Cal.App.3d 147, 154 .) Further, “[w]e presume that official duties have been regularly performed. | 1 | 2024–2024 |
Randall v. Mousseau
green
1 sentence2024(Ballard v. Uribe (1986) 41 Cal.3d 564, 574 .) “Failure to provide an adequate record on an issue requires that the issue be resolved against appellant.” (Randall v. 16 Mousseau (2016) 2 Cal.App.5th 929, 935 .) “A proper record includes a reporter’s transcript or a settled statement of any hearing leading to the order being challenged on appeal.” (Elena S. v. Kroutik (2016) 247 Cal.App.4th 570, 574 .) As a consequence, we are compelled to reject Breckenridge’s challenge to the trial court’s resolution of its claims in favor of Gerald. | 1 | 2024–2024 |
Pringle v. La Chapelle
green
1 sentence2023(Pringle v. La Chapelle (1999) 73 Cal.App.4th 1000 , 1003–1004 & fn. 2.) Having said this, we observe that defendants have filed a respondents’ appendix providing the papers filed in connection with the sanctions motions, as well as the records from the prior discovery motions.3 Because 3 California Rules of Court, rule 8.124(b)(5), provides that a respondent’s appendix may contain any document that could have been included in the appellant’s appendix or joint appendix. | 1 | 2023–2023 |
Avalos v. Perez
green
1 sentence2023“As a general rule, a claim of error will be deemed to have been forfeited when a party fails to bring the error to the trial court’s attention by timely motion or objection.” (Avalos v. Perez (2011) 196 Cal.App.4th 773, 776 .) An appellant must also provide an adequate record to demonstrate the purported error (Ballard v. Uribe (1986) 41 Cal.3d 564, 574 ), and generally, “[a] proper record includes a reporter’s transcript or a settled statement of any hearing leading to the order being challenged on appeal” (Elena S. v. Kroutik (2016) 247 Cal.App.4th 570, 574 ). | 1 | 2023–2023 |
Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.
Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.