What is the test for establishing a reporter's transcript on appeal?

California, United States of America


The following excerpt is from Gonzalez v. Aurora Loan Servs. LLC, G049745 (Cal. App. 2015):

(Aguilar v. Avis Rent A Car System, Inc. (1999) 21 Cal.4th 121, 132.) "Because [the appellant] provides us only the original trial court file, and fails to provide any reporter's transcript of the trial preceding the judgment from which he appeals, we must treat this as an appeal 'on the judgment roll.' [Citations.] Therefore, as previously noted, we '"must conclusively presume that the evidence is ample to sustain the [trial court's] findings."' [Citation.] Our review is limited to determining whether any error 'appears on the face of the record.' [Citations.]" (Nielsen v. Gibson (2009) 178 Cal.App.4th 318, 324-325.) The evidence is conclusively presumed to support the correctness of the judgment when the appellant does not designate a reporter's transcript on appeal. (Estate of Fain (1999) 75 Cal.App.4th 973, 992.)

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