Appealability: Lack Of Reporter’s Transcript And Only Filing Moving Papers Doomed Review Of Fee Grant

 

Gotta Develop an Adequate Record, Appellate Law 101.

     Castruita v. Guerrero, Case No. B246439 (2d Dist., Div. 7 Feb. 24, 2014) (unpublished) is a situation where a party moving for a temporary restraining order and permanent injunction against his uncle lost and was ordered to pay uncle’s counsel at the time $1,000 in fees.

     The appellate court affirmed the fee award based on an Appellate Law 101 principle: you must develop an adequate record to overcome the presumption that a trial court ruling below is correct. Here, appellant failed to file a reporter’s transcript of the hearing and only included his moving papers, which retarded the ability to hurdle the presumption of correctness. (Appellant did try to dodge the lack of a reporter’s transcript by indicating that budgetary restraints had made a reporter impossible to get; however, remember you can bring your own if you follow the correct protocol.)

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