How have courts dealt with the appellant's claim that counsel breached rules of court by failing to prepare a complete record?

California, United States of America


The following excerpt is from Azar v. Ludwig (In re Conservatorship of Person & Estate of Raymond), G056805 (Cal. App. 2020):

One more principle of appellate review bears repeating here. If it is not in the record, it did not happen. (See Protect Our Water v. County of Merced (2003) 110 Cal.App.4th 362, 364 (Merced) ["When practicing appellate law, there are at least three immutable rules: first, take great care to prepare a complete record; second, if it is not in the record, it did not happen; and third, when in doubt, refer back to rules one and two."]; City of Lincoln v. Barringer (2002) 102 Cal.App.4th 1211, 1239.) This principle alone disposes of one of appellant's issues.

The numerous and pervasive rule violations would support an outright dismissal of the appeal. (See Del Real v. City of Riverside (2002) 95 Cal.App.4th 761, 768 [violation of rules of court may result in dismissal of appeal].) We are reluctant, however, to visit the inadequacies of counsel on the client. We therefore address each of the issues identified in appellants' opening brief.6

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