Chapple v. Simmons CA1/1

California Court of Appeal Oct 15, 2015 No. A144261MUnpublished

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Holding. The court affirmed the judgment against the plaintiff because he failed to provide an adequate record, such as a reporter's transcript, to demonstrate error and failed to present cogent legal arguments on appeal.

Issues

Whether the trial court erred in determining the defendant was not liable for failing to serve and file documents.
Whether the trial court erred in its application of the law of contributory negligence.

Disposition. affirmed

Quotations verified verbatim against the opinion

“Chapple’s failure to provide a reporter’s transcript from the trial is fatal to his claims.”

“Given the absence of an adequate record, we must presume the judgment is correct.”

“As Chapple has failed to provide a record sufficient to evaluate the court’s ruling or any cogent legal arguments in support of his claims, we affirm.”

Filed 10/15/15 Chapple v. Simmons CA1/1 NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 ONE

WILLIAM J. CHAPPLE, Plaintiff and Appellant, A144261 v. (Contra Costa County EDGAR H. SIMMONS, Super. Ct. No. MSC1302005) Defendant and Respondent. ORDER MODIFYING OPINION AND DENYING REHEARING [NO CHANGE IN JUDGMENT]

THE COURT: It is ordered that the written opinion filed on September 28, 2015, is modified by changing the date in the first sentence of the second paragraph under I. FACTUAL AND PROCEDURAL BACKGROUND from September 9, 2012 to September 6, 2012. This modification does not change the judgment. (Cal. Rules of Court, rule 8.264(c)(2).) The petition for rehearing is denied.

Dated:________________________ ___________________________P.J.

Filed 9/28/15 Chapple v. Simmons CA1/1 (unmodified version) NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 ONE

WILLIAM J. CHAPPLE, Plaintiff and Appellant, A144261 v. (Contra Costa County EDGAR H. SIMMONS, Super. Ct. No. MSC1302005) Defendant and Respondent.

Chapple v. Simmons CA1/1

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IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

FIRST APPELLATE DISTRICT

DIVISION ONE

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

FIRST APPELLATE DISTRICT

DIVISION ONE

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