Wednesday, April 23, 2008

Wagner v. Wagner (Cal. Ct. App. - April 23, 2008)

It's not enough to have a good claim on the merits. You've also got to follow the rules on appeal.

So, for example, Justice Perluss says today to James Crowell, the attorney for the appellant (Claire Wagner):

"Our review of the court’s ruling on this motion, however, has been thwarted by Claire’s failure to provide us with a transcript of the hearing on the motion or a copy of the court’s minute order denying the motion. All that has been provided is a copy of the notice of ruling prepared by Claire’s counsel following the hearing. The absence of a record concerning what actually occurred at the hearing precludes a determination that the court abused its discretion. [Cites] As the party challenging a discretionary ruling, Claire had an affirmative obligation to provide an adequate record so that we could assess whether the court abused its discretion. [Cites] Accordingly, she has forfeited this argument on appeal."

Oh, yeah. The record. That tiny little thing. Oops.