Orange County Dept. of Child Supp. Serv. v. Gutierrez CA4/3

Filed 10/29/15 Orange County Dept. of Child Supp. Serv. v. Gutierrez 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NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

ORANGE COUNTY DEPARTMENT OF CHILD SUPPORT SERVICES, G049878 Plaintiff and Respondent, (Super. Ct. No. 03FL105369) v. OPINION HECTOR GUTIERREZ,

Defendant and Appellant.

Appeal from an order of the Superior Court of Orange County, Duane T. Neary, Temporary Judge. (Pursuant to Cal. Const., art. VI, § 21.) Affirmed. Hector Gutierrez, in pro. per., for Defendant and Appellant. Kamala D. Harris, Attorney General, Julie Weng-Gutierrez, Assistant Attorney General, Linda M. Gonzalez and Catherine A. Ongiri, Deputy Attorneys General, for Plaintiff and Respondent.

Hector Gutierrez appeals from an order denying a motion to modify his child support obligations. Because the record is inadequate to assess his claims of error, we affirm the order. FACTS AND PROCEDURE The record on appeal is sparse. It consists of a 10-page clerk’s transcript containing three documents (not including the notice of appeal and notice designating the record on appeal) with a docket report, and a 20-page supplemental clerk’s transcript containing three minute orders. There is no reporter’s transcript. The docket report and the three minute orders in the supplemental clerk’s transcript reveal that in 2004 the Department of Child Support Services of Orange County (DCSS) began child support proceedings against Gutierrez. He was ordered to pay $262 per month in child support, which remains the current child support order. The docket report indicates that on April 9, 2013, DCSS filed a motion for modification of child support. The motion is not in the record on appeal. The three documents in the clerk’s transcript are as follows. First, there is a two-page form document titled “Medical Information Verification Report,” bearing a Superior Court filing stamp date of August 29, 2013 (the August Medical Report), with a physician’s statement filled out indicating Gutierrez was temporarily disabled due to carpal tunnel syndrome surgery. Next, there is an August 29, 2013, minute order on the DCSS motion to modify child support. There was no court reporter at the hearing. The minute order states both parents were sworn and testified. It states the court had “a [D]iagnosis and [P]rognosis form” before it (presumably the August Medical Report), which was filed as a confidential document. The minute order states the court continued the hearing to October 9, 2013, and ordered Gutierrez to provide “an updated [D]iagnosis and [P]rognosis form completed by his treating physician for the next hearing.” The last document is an October 9, 2013, minute order. It states there was no court reporter, and