Marriage of Lee-Masis and Barrett CA3

Filed 11/13/15 Marriage of Lee-Masis and Barrett CA3 NOT TO BE PUBLISHED California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published,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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 THIRD APPELLATE DISTRICT (Sacramento) ----

In re the Marriage of ANTHONY LEE-MASIS and C075849 TONYA BARRETT.

ANTHONY LEE-MASIS, (Super. Ct. No. 11FL04705)

Respondent,

v.

TONYA BARRETT,

Appellant.

In this marital dissolution case, appellant Tonya Marie Barrett (mother) seeks review of two child custody and visitation rulings. Finding that the only order from which mother appealed is not appealable, we will dismiss the appeal. Although we find no appealable order, we exercise our discretion to deny the motion for sanctions filed by respondent Anthony Lee-Masis (father) for a frivolous appeal.

1

FACTUAL AND PROCEDURAL BACKGROUND In attempting to set forth the pertinent factual and procedural background of this case, we are severely hampered by a woefully inadequate record on appeal. The clerk’s transcript is only 15 pages and consists only of a handwritten custody ruling from January 2014, mother’s notice of appeal from that ruling, the trial court’s notice of the filing of the notice of appeal, this court’s determination that the case was not suitable for mediation, and mother’s notice designating the record on appeal. The reporter’s transcript is not much more helpful. It first covers three days of trial in December 2013 and January 2014 on the issue of child custody that resulted in the handwritten ruling from which mother appealed. It then covers a law and motion hearing on April 14, 2014, at which the court modified its ruling from January on the issue of legal custody. It then covers two additional days of trial on April 17 and 18, 2014, on financial issues. Without a complete, or at least a more thorough, clerk’s transcript, however, it is difficult to put the proceedings covered by the reporter’s transcript in context. Adding to the difficulty of our task are serious deficiencies in both parties’ briefs. The statement of the case and statement of facts in mother’s opening brief spans barely two pages. The factual summary in the brief filed by father is more extensive, running about 12 pages, but father repeatedly cites to a trial exhibit that was not designated for inclusion in the clerk’s transcript and therefore is not before us.1 (See Cal. Rules of Court, rule 8.122(b)(3)(B) [clerk’s transcript must contain exhibits admitted in evidence “if designated by any party”].)