What is the effect of a party not providing a record of attorney fees hearings on apportionment of fees?

California, United States of America


The following excerpt is from Sierra Indus. W., L.P. v. Abol Hosseinioum, A137517, A137874 (Cal. App. 2014):

Our review of this matter has been thwarted by sellers' failure to provide us with the various reporter's transcripts of the attorney fees hearings where the apportionment of fees was discussed and which presumably contains a more detailed explanation for the trial court's ruling. As the party challenging a discretionary ruling, sellers had an affirmative obligation to provide an adequate record so that we could assess whether the court abused its discretion. (See Vo v. Las Virgenes Municipal Water Dist. (2000) 79 Cal.App.4th 440, 447-448; see Ketchum v. Moses (2001) 24 Cal.4th 1122, 1140-1141.) Since sellers elected not to provide reporter's transcripts of the various hearings, the issue is simply whether reversible error appears on the face of this record. It does not.

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