Elias v. Sardina CA4/3

Filed 7/1/25 Elias v. Sardina CA4/3

NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

FOURTH APPELLATE DISTRICT

DIVISION THREE

DAVID ELIAS,

Plaintiff and Appellant, G063971

v. (Super. Ct. No. 30-2020- 01139897) SHARON SARDINA et al., OPINION Defendants and Respondents.

Appeal from order of the Superior Court of Orange County, Andre De La Cruz, Judge. Affirmed. David Elias, in pro. per., for Plaintiff and Appellant. No appearance for Defendants and Respondents.

Plaintiff David Elias appeals from an order dismissing 1 defendants Brian Sardina and Sharon Sardina from his lawsuit. Because he presents an inadequate record and briefing, we affirm. FACTS Plaintiff has not provided a copy of his complaint in the appellate record. According to his briefing, this matter involves legal services he and his brother received during trust litigation against Sharon. Though we cannot discern Brian’s relationship to plaintiff’s allegations, it is clear plaintiff is challenging the dismissal of both Sharon and Brian from this litigation. According to the record provided, the dismissals resulted from two hearings: a December 2023 hearing that issued an order to show cause and the ensuing February 2024 hearing regarding plaintiff’s “[f]ailure to serve” his second amended complaint “and file proper proofs of service.” A formal order of dismissal was filed in May 2024. The order recites: Sharon and Brian were dismissed after “the matter came on regularly for [the] hearing” in February 2024; the dismissals were ordered after the court “considered the evidence for and against” dismissal; and the court “heard the arguments for and against,” including “the objections of the plaintiff.” The court’s minutes show plaintiff submitted 20 filings between the December 2023 and February 2024 hearings. Less than half of those filings are identified in the clerk’s transcript indexes, none of which purport to prove service on either Sharon or Brian. For example, the indexes list a