Can an appeal be heard on appeal based on facts that were not presented to the trial court and are not part of the record?

California, United States of America


The following excerpt is from Gallucci v. L.A. SMSA Ltd. P'ship, E054400 (Cal. App. 2013):

Facts that were not presented to the trial court and are not part of the record on appeal cannot be considered on appeal. The new facts identified in the opening brief cannot be considered on appeal. (Pulver v. AVCO Financial Services (1986) 182 Cal.App.3d 622, 632.) "'It has long been the general rule and understanding that "an appeal reviews the correctness of a judgment as of the time of its rendition, upon a record of matters which were before the trial court for its consideration."'" (In re B.D. (2008) 159 Cal.App.4th 1218, 1239.) Accordingly, a brief cannot make arguments relying on

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alleged facts outside the record, and statements in a brief based upon improper matter are disregarded by the appellate court. (Kendall v. Barker (1988) 197 Cal.App.3d 619, 625.)

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