California, United States of America
The following excerpt is from WATERS v. MUNOZ, E048918, No. INC065402 (Cal. App. 2010):
First, plaintiff has provided a record inadequate to review her contention. That is, to the extent plaintiff contends that defendant's initial motion papers were inadequate, she has failed to provide them in the record. Thus, we have no way of determining the issue on appeal. (Ketchum v. Moses (2001) 24 Cal.4th 1122, 1140-1141 [it is the burden of the party challenging a judgment on appeal to provide an adequate record to appeal error].) Defendant's reply to plaintiff's opposition to the renewed motion for costs and attorney fees plainly indicated that the motion itself was filed timely, within 15 days after plaintiffs OSC proceeding was dismissed.
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