Settles v. Nelson CA2/8

California Court of Appeal Sep 19, 2024 No. B331963Unpublished

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Holding. The appellate court affirmed the trial court's dismissal of the action and denial of reconsideration because the appellant failed to provide an adequate record to demonstrate trial court error.

Issues

Whether the trial court erred in dismissing the civil action and denying the motion for reconsideration.
Whether the appellant met the burden of demonstrating error in the trial court's rulings.

Disposition. Affirmed

Quotations verified verbatim against the opinion

“Because the record on appeal is completely inadequate to consider appellant’s issues, we affirm.”

“Without a record we cannot review the trial court’s rulings and must presume them to be correct.”

“Nothing on the face of the record before us permits a determination of error.”

Filed 9/19/24 Settles v. Nelson CA2/8 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS

California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

SECOND APPELLATE DISTRICT

DIVISION EIGHT

TIMOTHY SETTLES, B331963

Plaintiff and Appellant (Los Angeles County Super. Ct. No. 22STCV34037) v.

PHAM NELSON, SELECT PORTFOLIO SERVICING INC.,

Defendants and Respondents.

APPEAL from a judgment and orders of the Superior Court of Los Angeles County, Barbara A. Meiers, Judge. Affirmed. Law Offices of Theida Salazar and Theida Salazar for Plaintiff and Appellant. No appearance for Defendants and Respondents. _________________________

Timothy Settles appeals the April 21, 2023 dismissal of his civil action, and the June 14, 2023, denial of his motion to reconsider the dismissal. Because the record on appeal is completely inadequate to consider appellant’s issues, we affirm. BACKGROUND The record on appeal consists of the following documents: • case register; • minute order filed April 21, 2023, dismissing appellant’s civil action; • certificate of mailing of the minute order dismissing the civil action, filed April 21, 2023; • appellant’s notice of motion and motion for reconsideration of order entered April 21, 2023 with memorandum of points and authorities, filed May 2, 2023; • minute order denying reconsideration, filed June 14, 2023; • certificate of mailing of minute order denying reconsideration, filed June 14, 2023; • notice of appeal filed July 27, 2023; • proof of service of appellant’s notice designation, filed January 2, 2024; • proof of service of appellant’s notice of appeal, filed January 2, 2024; • appellant’s notice designating record on appeal, filed January 2, 2024. On April 3, 2024, appellant filed his opening brief. We repeat verbatim here (with no changes) his summary of the case: “This case is a real estate and residential property case. Through

Settles v. Nelson CA2/8

AI Brief

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

SECOND APPELLATE DISTRICT

DIVISION EIGHT

TIMOTHY SETTLES, B331963

PHAM NELSON, SELECT PORTFOLIO SERVICING INC.,

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NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS

STRATTON, P. J.

GRIMES, J.

VIRAMONTES, J.

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