California, United States of America
The following excerpt is from Platte River Ins. Co. v. Trang, G051063 (Cal. App. 2016):
Although we lack a copy of defendant's motion to set aside the default judgment, her appellate opening brief cites, inter alia, Code of Civil Procedure sections 473 and 473.5. "We review an order denying relief under section 473 under the abuse of discretion standard." (Hu v. Fang (2002) 104 Cal.App.4th 61, 64.)
In order for this court to review defendant's contention, we require an adequate appellate record. The record here does not include defendant's motion nor Platte River's opposition. Without those documents, we cannot evaluate whether the court's ruling was an abuse of discretion, nor can defendant establish prejudicial error.
Accordingly, the court's postjudgment order is presumed correct. (Denham v. Superior Court (1970) 2 Cal.3d 557, 564.)
The postjudgment order is affirmed. Platte River shall recover its costs on appeal.
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