Evans v. Fred Warriors Construction CA2/8

Filed 4/3/15 Evans v. Fred Warriors Construction CA2/8 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

WAYNE TRUVOLL EVANS, B254029

Plaintiff and Appellant, (Los Angeles County Super. Ct. No. BC418118) v.

FRED WARRIORS CONSTRUCTION, INC. et al.,

Defendants and Respondents.

APPEAL from an order of the Superior Court of Los Angeles County. William F. Fahey, Judge. Affirmed.

Wayne T. Evans, in pro. per. for Plaintiff and Appellant.

Dongell Lawrence Finney, Matthew Clark Bures and Joshua N. Levine, for Defendant and Respondent Tetra Tech, Inc.

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In January 2014, Wayne T. Evans filed a notice of appeal purporting to challenge an order denying his motion filed pursuant to Code of Civil Procedure section 473. The trial court had denied Evans’s motion for an order vacating and setting aside default on the ground of fraud. On appeal, Evans appears to challenge the order denying the motion to vacate, as well as prior orders denying him a trial continuance and motions to set aside a November 2011 default judgment. Because there is a complete lack of a record necessary for the review of his claims, we must affirm the trial court order. FACTUAL AND PROCEDURAL BACKGROUND Our review in this case is constrained by the exceedingly minimal record on appeal. The clerk’s transcript consists of the superior court case summary, the trial court’s January 29, 2014 minute order, and the notice of appeal and notice designating the record. There is no reporter’s transcript. There are no pleadings or motions included in the record. Evans’s appellant’s brief contains no citations to the record. He indicates that in July 2009, he, along with two other plaintiffs, filed a complaint against Fred Warriors Construction Inc. and Tetra Tech, Inc. Evans informs us the complaint alleged claims for wrongful termination in violation of public policy, “resulting from systemic wage fraud and noncompliance with California’s wage and hour laws.” His recitation of the procedural history of this matter indicates his case was dismissed without prejudice on November 28, 2011. According to Evans, he unsuccessfully moved to vacate the order in January 2012.1 As we understand his briefing, Evans asserts he was incarcerated until late April 2013; in May 2013, he filed a motion to vacate the “judgment,” which was denied.2 He filed another “motion to vacate judgment” in December 2013. The motion