statement of any hearing (California) · Go Syfert
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statement of any hearing in California

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.

Followed or applied (12)

CaseFollowedCited
Elena S. v. Kroutikgreen
calctapp · 2016 · cited in 17 California opinions naming this issue, 2021–2026
2 sentences

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

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

417
Ballard v. Uribegreen
cal · 1986 · cited in 3 California opinions naming this issue, 2023–2024
2 sentences

2024(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 ).

13
Jameson v. Destagreen
cal · 2018 · cited in 2 California opinions naming this issue, 2024–2025
2 sentences

2025(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

12
In Re Estate of Faingreen
calctapp · 1999 · cited in 2 California opinions naming this issue, 2021–2025
2 sentences

2025The 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

12
Maria P. v. Rilesgreen
cal · 1987 · cited in 1 California opinions naming this issue, 2025–2025
1 sentence

2025(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.

11
Gassner v. Stasagreen
calctapp5d · 2018 · cited in 1 California opinions naming this issue, 2025–2025
1 sentence

2025(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.

11
Allen v. Totengreen
calctapp · 1985 · cited in 1 California opinions naming this issue, 2024–2024
1 sentence

2024All 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

11
Jade Fashion & Co. v. Harkham Industries, Inc.green
calctapp · 2014 · cited in 1 California opinions naming this issue, 2021–2021
1 sentence

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

11
Berg v. Investors Real Estate Loan Co.green
calctapp · 1962 · cited in 1 California opinions naming this issue, 2016–2016
2 sentences

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.

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.

11
Null v. City of Los Angelesgreen
calctapp · 1988 · cited in 1 California opinions naming this issue, 2016–2016
2 sentences

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.

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.

11
Rossiter v. Benoitgreen
calctapp · 1979 · cited in 1 California opinions naming this issue, 2016–2016
2 sentences

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.

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.

11
Utz v. Aureguygreen
calctapp · 1952 · cited in 1 California opinions naming this issue, 2016–2016
2 sentences

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.

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.

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in California. Read the followed side critically anyway.

Also cited on this issue (6)

CaseCitedYears
Nielsen v. Gibson green
calctapp · 2009
2 sentences

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

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

32026–2026
Jonathan Vo v. Las Virgenes Municipal Water District green
calctapp · 2000
2 sentences

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

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

22026–2026
Ehrler v. Ehrler green
calctapp · 1981
1 sentence

2024(Ehrler v. Ehrler (1981) 126 Cal.App.3d 147, 154 .) Further, “[w]e presume that official duties have been regularly performed.

12024–2024
Randall v. Mousseau green
calctapp · 2016
1 sentence

2024(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.

12024–2024
Pringle v. La Chapelle green
calctapp · 1999
1 sentence

2023(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.

12023–2023
Avalos v. Perez green
calctapp · 2011
1 sentence

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 ).

12023–2023

Statutes the citing opinions construe

CA § Cal. Evidence Code § 664 (5)

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.

Where else courts name it

CA 19 (2016–2026) CT 2 (2003–2020)

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.

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