Szabo v. Protacio CA1/5

Filed 12/6/24 Szabo v. Protacio CA1/5

NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

FIRST APPELLATE DISTRICT

DIVISION FIVE

TIBOR SZABO,

Plaintiff and Appellant, A169797 v. (City and County of San Francisco MATTHEW PROTACIO, Super. Ct. No. CGC-20-586104)

Defendant and Respondent.

Tibor Szabo appeals from the dismissal of his claims against his former business partner, Matthew Protacio, after a bench trial. Szabo challenges the trial court’s conclusion that he failed to carry his burden of proof at trial. In addition, Szabo challenges the court’s determination, based on Protacio’s counter- claim, that he owes Protacio over $36,000 under the parties’ partnership agreement. Because Szabo has not supplied an adequate record for appellate review, we affirm.

BACKGROUND

After Szabo and Protacio opened a gallery and event space together, their relationship soured and a number of conflicts arose. Szabo subsequently sued Protacio for breach of contract, defamation, slander, fraud, violation of privacy, assault, conversion, violation of the “computer abuse act,” invasion of privacy, trespass, breach of fiduciary duty, and negligence,

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seeking several million dollars in damages. When Szabo obtained a waiver of court fees, the order granting his waiver request stated that he would not have to pay any “[r]eporter’s fee for attendance at hearing or trial, . . . if [he were to] request that the court provide an official reporter.” Protacio subsequently filed a cross-complaint against Szabo, alleging breach of their partnership agreement and other claims not at issue in this appeal.