Does the Court have jurisdiction to consider issues arising from the August 31, 2017 judgment?

California, United States of America


The following excerpt is from Hersey v. Vopava, 251 Cal.Rptr.3d 262, 38 Cal.App.5th 792 (Cal. App. 2019):

Further, even if we had jurisdiction to consider issues arising from the August 31, 2017 judgment, we would be unable to do so given the incomplete state of the record on appeal. This action was tried over four days, but appellant has designated a reporter's transcript for only the first day. Appellant has not provided a substitute such as transcripts of the electronic recording or settled statements for the other three days of trial.3 The first document in the clerk's record chronologically is the minute order for the first day of trial. The only indication of pre-trial motions, rulings or other events is the case summary sheet, which contains very brief descriptions of pleadings and orders. The party challenging a lower court judgment has the affirmative obligation to provide an adequate record. In the absence of such a record, the judgment must be affirmed. ( Vo v. Las Virgenes Municipal Water Dist. (2000) 79 Cal.App.4th 440, 447-448, 94 Cal.Rptr.2d 143.)

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