County of Solano v. Motyl CA1/5

Filed 10/17/14 County of Solano v. Motyl CA1/5 NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

COUNTY OF SOLANO, Plaintiff and Respondent, A141164 v. MATTHEW GERARD MOTYL, (Solano County Super. Ct. No. FFL099678) Defendant and Appellant.

MEMORANDUM OPINION* In March 2008, appellant Matthew Gerard Motyl was ordered to pay child support in the amount of $12 per month for the support of his minor daughter. Motyl appears to have a very limited income, and he fell into arrears.1 In October 2013, Motyl filed a request for adjustment of arrearages based on his incarceration; he also sought genetic testing. His income and expense declaration stated he was receiving $200 per month in public assistance benefits but had living expenses of $1,800 per month, as well as delinquent debt. Around the same time, Motyl also moved

* We resolve this case by a Memorandum Opinion pursuant to California Standards of Judicial Administration, Standard 8.1. 1 The record in this case consists solely of a 59-page clerk’s transcript. If the superior court’s file contains a register of actions, it has not been included. (Cf. Cal. Rules of Court, rule 8.122(b)(1)(F).) It is therefore somewhat difficult to reconstruct the course of the proceedings below.

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for judicial review of his driver’s license denial. The latter request was heard on November 5, 2013, and denied the following day for failure to appear. On January 7, 2014, a commissioner of the Solano County Superior Court heard Motyl’s requests for DNA testing, adjustment of arrears, and for review of driver’s license denial. Motyl, who lives in San Diego, appeared by telephone. In his order after hearing, the commissioner denied the request for DNA testing as untimely. Motyl’s request for adjustment of arrears was denied for failure to prove. The commissioner lifted the suspension of Motyl’s license and ordered him to pay any reissuance fees imposed by the Department of Motor Vehicles. The Solano County Department of Child Support Services was ordered to release the suspension of Motyl’s license, with the proviso that the suspension could be reinstated if Motyl was more than 30 days late on any ordered payment. Motyl filed a notice of appeal, challenging the order issued after the January 7, 2014 hearing. He elected to proceed in this court without a record of oral proceedings in the superior court.2 Motyl contends the trial court abused its discretion by ruling without giving him an opportunity to speak about certain difficulties he was experiencing. He also claims the trial court exhibited bias against him. Further, he appears to argue the commissioner proceeded improperly by limiting argument and by treating this as a “civil collections case[.]” Motyl asks that we order DNA testing to provide sufficient evidence of his paternity of the child whom he has been ordered to support. He also seeks cancellation of the order denying his requests for adjustment of arrearages. Because Motyl has provided us with only a partial clerk’s transcript, we must treat this as an appeal “on the judgment roll.” (Allen v. Toten (1985) 172 Cal.App.3d 1079, 1082.) Motyl is therefore “confined to errors which are ‘affirmatively shown by the record.’ ” (In re Marriage of Hall (2000) 81 Cal.App.4th 313, 316.) No challenge to the sufficiency of the evidence can be made. (Ibid.) Without a reporter’s transcript of the