JPMorgan Chase Bank v. Raskin CA2/3

Filed 9/23/20 JPMorgan Chase Bank v. Raskin CA2/3

NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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(a). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115(a).

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

SECOND APPELLATE DISTRICT

DIVISION THREE

JPMORGAN CHASE BANK, B292597 N.A., Los Angeles County Plaintiff and Respondent, Super. Ct. No. BC545301

v.

ALEX RASKIN,

Defendant, Cross-defendant and Appellant;

TASHA WILLIS and WELLS FARGO BANK, N.A.,

Defendants, Cross- complainants and Respondents.

APPEALS from orders of the Superior Court of Los Angeles County, Gregory Alarcon, Judge. Affirmed. Neil C. Evans for Defendant, Cross-defendant and Appellant.

Parker Ibrahim & Berg, John M. Sorich and Bryant S. Delgadillo for Plaintiff and Respondent JPMorgan Chase Bank, N.A. Epport, Richman & Robbins, Mark Robbins and Nami Kang for Defendants, Cross-complainants and Respondents Tasha Willis and Wells Fargo Bank, N.A. _______________________________________

Appellant Alex Raskin challenges two orders awarding attorney’s fees to respondents JPMorgan Chase Bank, N.A., Wells Fargo Bank, N.A., and Tasha Willis. We conclude Raskin failed to demonstrate reversible error and affirm the orders. The most fundamental rule of appellate review is that the judgment or order challenged on appeal is presumed to be correct, and “it is the appellant’s burden to affirmatively demonstrate error.” (People v. Sanghera (2006) 139 Cal.App.4th 1567, 1573.) “ ‘All intendments and presumptions are indulged to support it on matters as to which the record is silent, and error must be affirmatively shown.’ ” (Denham v. Superior Court (1970) 2 Cal.3d 557, 564.) To overcome this presumption, an appellant must provide a record that allows for meaningful review of the challenged order. (Ibid.) In addition, parties must provide citations to the appellate record directing the court to the supporting evidence for each factual assertion contained in that party’s briefs. When an opening brief fails to make appropriate references to the record to support points urged on appeal, we may treat those points as waived or forfeited. (See, e.g., Lonely Maiden Productions, LLC v. GoldenTree Asset Management, LP (2011) 201 Cal.App.4th 368, 384; Dietz v. Meisenheimer & Herron (2009) 177 Cal.App.4th 771, 779–801 [several contentions on appeal “forfeited” because