Southern California Injury Lawyer Blog
A California appellate court recently rejected an argument set forth by an individual who alleged the trial court erred in overlooking material facts, among other claims. The court focused on the fact that as the plaintiff in the underlying action, and the appellant, she had failed to cite portions of the record in support of her arguments. The analysis set forth by the court made clear that while the court was not obligated to search the record after evaluating her arguments, they did so and found nothing supporting her allegations.
In her brief on appeal, the plaintiff in the underlying California personal injury claim stated that she had argued with the defendant, inside the office of her property manager, after inquiring into why her full security deposit had not been returned. She claimed that he shut the door on her foot, causing her injuries. She sued the company and the individual defendant for negligence, and she stated she suffered from a pain syndrome that would affect her for the remainder of her life.
The jury determined that the defendants had not been negligent. They did not award the plaintiff damages, and judgment was entered for the defendants.
On appeal, the plaintiff claimed that the trial court had overlooked material facts. They had, allegedly, barred evidence of a settlement offer and ruled she could not prove causation. She also alleged the trial judge had been biased.
First, the court stated that the plaintiff had proceeded to appeal with an incomplete clerk transcript. She did not include documents supporting her factual assertions. The court termed her case an appeal on the judgment roll. The rule for a judgment roll is that an appeal is based on a clerk’s transcript, and the sufficiency of the evidence cannot be reviewed. In fact, the trial court’s findings and legal conclusions are presumed to be supported by substantial evidence.
Furthermore, the court stated that the plaintiff had not cited to the record in support of her assertions. In support of her contention that the trial court improperly precluded her from setting forth evidence that the defendants had made a settlement offer, the appellate court stated that the plaintiff had cited jury instructions regarding damages. The court noted that these did not make any factual showing.
Finally, regarding the fairness of the proceedings, the appellate court stated that again, the plaintiff had not supported her assertions with citations to the record. Since the appellate court stated they did in fact search the record and did not find anything indicating judicial bias, they affirmed the decision in favor of the defendants.
The skilled personal injury attorneys at Sharifi Firm represent injured individuals seeking compensation for harm caused by the negligence of others. If you or someone close to you has suffered injuries and is interested in learning more about their legal rights, contact our office. Based in Southern California, we offer a free, no-obligation consultation with a skilled work injury lawyer. Call us at (866) 422-7222 or complete our online form.
More Blog Posts:
California Appeals Court Affirms Decision in Favor of Defendants Because Plaintiff Had Not Met Burden of Showing Triable Issue of Material Fact for Gross Negligence Claim, Southern California Injury Lawyer Blog, August 17, 2017
California Court Upholds Judgment in Favor of City of Pasadena Because Plaintiff Failed to Provide Full Record on Appeal Regarding His Wrongful Death Claim, Southern California Injury Lawyer Blog, Southern California Injury Lawyer Blog, May 8, 2017