Stahl v. Fahrman

WHITE, P. J. The facts, upon which this appeal must be decided, are quite different from those discussed in the briefs of appellant and respondent, because of the inadequate record on appeal, from which has been omitted the pleadings, evidence, oral proceedings upon motions, and even the judgment.

The clerk’s transcript discloses a “Stipulation for Judgment” executed by the attorneys for appellant and respondent under date of December 22, 1952, and filed December 31, 1952, that “the amount justly due and unpaid unto the plaintiff on the note and deed of trust sued upon in this action is $13,150 principal, with interest at the rate of 7.2% per annum from August 23, 1950, together with attorney’s fees in the amount of $1,000.00.” By the same instrument, it is further stipulated that all of said sums be declared a lien upon certain real property, prior to the lien or claim of appellant; that a decree of foreclosure may be entered without notice to appellant; that appellant “be barred and foreclosed of all rights, claims, or equity of redemption in said premises or any part thereof after the lapse of the period of redemption as provided by law and statute; that the plaintiff waives any deficiency judgment against the defendant, Lawrence A. David; that the Court may enter a judgment in accordance with the foregoing without further notice to any of the said defendants. Execution is stayed to and including February 12, 1953. Findings are waived. Cross Complaint is dismissed with prejudice.”

The record on appeal not containing the judgment as made and entered, we must assume that it complied with the stipulation of the parties in every respect. A judgment entered upon the consent of the parties will not be disturbed upon appeal. (Hood v. Verdugo Lbr. Co., 219 Cal. 558, 561 [27 P.2d 897]; Pawling v. Malley, 107 Cal.App.2d [757652], 654 [237 P.2d 663].) Findings having been waived, the trial court is presumed to have found all the facts necessary to support its judgment (Bekins Van Lines, Inc. v. Johnson, 21 Cal.2d 135, 137 [130 P.2d 421]); and where, as here, the appellate court has before it neither the documentary evidence nor any record of the oral proceedings before the trial court, it must be assumed that the evidence fully supported each and every finding of fact required to support the judgment. (BeJdns Van Lines, Inc. v. Johnson, supra, at p. 137.)

While both appellant and respondent, in their respective briefs, have stated and discussed matters not in the record before us, we find no claim of any error of law, inequity, or failure to properly exercise discretion on the part of the court below.