Does Respondent have to provide a transcript of the lower court's proceedings to support its claim of abuse of power?

California, United States of America


The following excerpt is from Lerner v. Cowen, B295916 (Cal. App. 2020):

3. Respondent argues that this court should decline to find an abuse of discretion because appellant has failed to provide a transcript of the lower court's proceedings. (Fasuyi v. Permatex, Inc. (2008) 167 Cal.App.4th 681, 690, fn. 5 ["many cases hold that the absence of a transcript precludes a determination that a trial court abused its discretion"].) We find that the record, with augmentation subsequently provided by the parties, is sufficient to review the issue raised on appeal, therefore we decide the issue on the merits.

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