Alvandi v. Tatavosian CA2/5

California Court of Appeal Jun 17, 2014 No. B250064Unpublished

AI Brief

AI-generated · verify before citing

Holding. The court affirmed the judgment in favor of the defendants because the appellant failed to provide an adequate record, specifically a reporter's transcript, to permit appellate review of the trial court's findings.

Issues

Whether the trial court's prior finding of physical abuse in a restraining order proceeding precluded relitigation of the issue at trial.
Whether the trial court's findings were supported by substantial evidence.
Whether the trial court abused its discretion in denying the motion to amend the complaint.
Whether the appellant met the burden of providing an adequate record for appellate review.

Disposition. Affirmed

Quotations verified verbatim against the opinion

“We conclude Alvandi had failed to meet his burden on appeal and the record is inadequate to permit review, because it does not contain a reporter’s transcript of the trial court proceedings.”

“Because Alvandi failed to provide a record demonstrating error, we assume the trial court’s findings are supported by substantial evidence.”

“‘[I]f the record is inadequate for meaningful review, the appellant defaults and the decision of the trial court should be affirmed.’”

Filed 6/17/14 Alvandi v. Tatavosian CA2/5 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 FIVE

DAREH ALVANDI, B250064

Plaintiff and Appellant, (Los Angeles County Super. Ct. No. EC055040) v.

ALBERT TATAVOSIAN et al.,

Defendants and Respondents.

APPEAL from a judgment of the Superior Court of Los Angeles, William D. Stewart, Judge. Affirmed. Law Offices of Peter A. Hosharian and Peter A. Hosharian for Plaintiff and Appellant. Der-Parseghian Law Group and Mary Der-Parseghian for Defendants and Respondents. ____________________

Plaintiff and appellant Dareh Alvandi appeals from a judgment following a bench trial in favor of daughter Ramona Tatavosian, son-in-law Albert Tatavosian, daughter Frida Balabegian, and son-in-law Melvin Balabegian in this elder abuse action.1 Alvandi contends: (1) the trial court’s finding of physical abuse in connection with issuing a restraining order precluded the defendants from relitigating the issue of physical abuse at trial; (2) the trial court’s finding that Ramona did not physically abuse Alvandi is not supported by substantial evidence; (3) the trial court should not have considered the lack of testimony from a particular witness; and (4) the trial court abused its discretion by denying Alvandi’s motion to amend to allege additional causes of action based on evidence at trial. We conclude Alvandi had failed to meet his burden on appeal and the record is inadequate to permit review, because it does not contain a reporter’s transcript of the trial court proceedings. Because Alvandi failed to provide a record demonstrating error, we assume the trial court’s findings are supported by substantial evidence. Therefore, we affirm.

Alvandi v. Tatavosian CA2/5

AI Brief

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

SECOND APPELLATE DISTRICT

DIVISION FIVE

DAREH ALVANDI, B250064

More from California Court of Appeal

Related research

DISCUSSION

DISPOSITION

KRIEGLER, J.

TURNER, P. J.

AI Brief