Marriage of Rostam CA5

Filed 8/17/20 Marriage of Rostam CA5

NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 FIFTH APPELLATE DISTRICT

In re the Marriage of SHARLET and JOSEPH SARGIS ROSTAM.

SHARLET ROSTAM, F077944

Respondent, (Super. Ct. No. 430651)

v. OPINION JOSEPH SARGIS ROSTAM,

Appellant.

THE COURT* APPEAL from an order of the Superior Court of Stanislaus County. Jack M. Jacobson, Judge. Joseph Sargis Rostam, in pro. per., for Appellant. No appearance for Respondent. -ooOoo- FACTUAL AND PROCEDURAL BACKGROUND Father appeals from an order denying a request for modification of an existing child custody and visitation order. Father filed his request for modification of the order on April 2, 2018, seeking joint legal custody, with physical custody to mother and

* Before Hill, P.J., Poochigian, J. and Smith, J.

expanded visitation for father. The matter was heard, and the request was denied on August 9, 2018. Because father has not identified or demonstrated any legally cognizable error in the order, we affirm. DISCUSSION On appeal, the judgment is presumed correct and the burden is on the appellant to affirmatively demonstrate error. (Rayii v. Gatica (2013) 218 Cal.App.4th 1402, 1408.) The appellant must raise claims of reversible error and present argument and authority on each point made. (In re Sade C. (1996) 13 Cal.4th 952, 994.) The appellant also bears the burden of providing an adequate record to demonstrate the claimed error. (Nielsen v. Gibson (2009) 178 Cal.App.4th 318, 324.) An appellant’s brief must “[p]rovide a summary of the significant facts limited to matters in the record” (Cal. Rules of Court, rule 8.204(a)(2)(C)), and support each reference to a matter in the record by citation to the page of the record on which it appears (Cal. Rules of Court, rule 8.204(a)(1)(C)). Father’s brief contains a statement of the case, a statement of appealability, and a statement of facts, all of which assert purported facts without any reference to the appellate record. There is no reference to the page in the record on which any of the asserted facts appear. An appellant’s brief also must “[s]tate each point under a separate heading or subheading summarizing the point, and support each point by argument and, if possible, by citation of authority” (Cal. Rules of Court, rule 8.204(a)(1)(B)). Father has not complied with this requirement. The heading above his argument section does not summarize his legal point. The section is simply labeled “ARGUMENT.” “It is incumbent upon an appellant to make it affirmatively appear that error was committed by the trial court.” (Richard v. Richard (1954) 123 Cal.App.2d 900, 902.) An appellant must comply with the rules requiring the appellant’s brief to summarize points under appropriate headings in order to facilitate disposition of cases on appeal and direct the court’s attention to specific errors of law the appellant contends were committed by