Conservatorship of Migliore CA2/5

Filed 6/24/16 Conservatorship of Migliore CA2/5 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 FIVE

Conservatorship of the Estate of MERIK B264658 MIGLIORE. (Los Angeles County Super. Ct. No. LP014237)

REBECCA MARTENS,

Petitioner and Appellant,

v.

LEANNE MAILLIAN, as Guardian ad Litem,

Objector and Respondent.

APPEAL from orders of the Superior Court of the Los Angeles County, Daniel S. Murphy, Judge. Affirmed. Rebecca Martens, in pro. per., for Petitioner and Appellant. No appearance for Objector and Respondent.

Plaintiff, Rebecca Martens, appeals from several orders issued by the probate court on June 16, 2015, including: denying her motion to be appointed trustee of her minor son’s special needs trust; denying her motion that the current trustee be instructed to sell certain real property; and denying her motion to be appointed guardian ad litem for her son. On appeal, a judgment or final order is presumed correct. (Denham v. Superior Court (1970) 2 Cal.3d 557, 564; Cahill v. San Diego Gas & Electric Co. (2011) 194 Cal.App.4th 939, 956.) All intendments and presumptions are made to support the judgment or final order on matters as to which the record is silent. (Denham v. Superior Court, supra, 2 Cal.3d at p. 564; Cahill v. San Diego Gas & Electric Co., supra, 194 Cal.App.4th at p. 956.) Here, there is no reporter’s transcript of the hearing. Plaintiff fails to provide any adequate substitute such as a settled or agreed statement of the hearing. Appellate courts have refused to reach the merits of an appellant’s claim because no reporter’s transcript of a pertinent proceeding or a suitable substitute was provided. (Walker v. Superior Court (1991) 53 Cal.3d 257, 273-274 [transfer order]; Maria P. v. Riles (1987) 43 Cal.3d 1281, 1295-1296 [attorney fee motion hearing]; Ballard v. Uribe (1986) 41 Cal.3d 564, 574-575 (lead opn. of Grodin, J.) [new trial motion hearing]; In re Kathy P. (1979) 25 Cal.3d 91, 102 [hearing to determine whether counsel was waived and the minor consented to informal adjudication]; Foust v. San Jose Const. Co., Inc. (2011) 198 Cal.App.4th 181, 185–188 [appeal solely on partial clerk’s transcript]; Boeken v. Philip Morris Inc. (2005) 127 Cal.App.4th 1640, 1672 [transcript of judge’s ruling on an instruction request]; Vo v. Las Virgenes Municipal Water Dist. (2000) 79 Cal.App.4th 440, 447 [trial transcript when attorneys fees sought]; Estate of Fain (1999) 75 Cal.App.4th 973, 992 [surcharge hearing]; Hodges v. Mark (1996) 49 Cal.App.4th 651, 657 [nonsuit motion where trial transcript not provided]; Interinsurance Exchange v. Collins (1994) 30 Cal.App.4th 1445, 1448 [monetary sanctions hearing]; Hernandez v. City of Encinitas (1994) 28 Cal.App.4th 1048, 1076-1077 [legal issue arising during preliminary injunction hearing]; Null v. City of Los Angeles (1988) 206 Cal.App.3d 1528, 1532-1533 [reporter’s transcript fails to reflect content of special