M.C. v. J.M. CA3

Filed 5/4/22 M.C. v. J.M. CA3 NOT TO BE PUBLISHED California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published,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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 (Placer) ----

M.C., C092211

Plaintiff and Respondent, (Super. Ct. No. SDR-00- 43957) v.

J.M.,

Defendant and Appellant.

After holding a hearing, the trial court issued a domestic violence restraining order against J.M. to stay away from M.C., the father of her child. (Fam. Code, § 6200 et seq.) J.M., representing herself, appeals the order. We are unable to provide a statement of the facts supporting the order because J.M. has not provided an adequate record of those proceedings. She has provided a clerk’s transcript of some of the filings in the case but no reporter’s transcript or similar summary of the trial court’s oral proceedings. An appellant has the burden to provide a

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record on appeal adequate to review the appellant’s contentions. (Estrada v. Ramirez (1999) 71 Cal.App.4th 618, 623, fn. 1.) J.M. now contends (1) the trial court erred by admitting evidence that had not been served on her, (2) she had never met the court commissioner who presided over the proceedings, (3) the domestic violence restraining order is not in the best interests of the parties’ child, and (4) we should vacate the trial court’s order for lack of evidence, sanction M.C. with six months of jail time, grant her permanent custody of the child, and transfer the case to Los Angeles County. We conclude J.M. forfeited consideration of these contentions because she has failed to follow appellate rules and provide a proper and persuasive brief and record on appeal. We will affirm the order. PRELIMINARY MATTERS Most of J.M.’s statements of fact and procedure throughout her opening brief will not be considered because she fails to provide proper and accurate citations to the record on appeal to support the statements. (Cal. Rules of Court, rule 8.204(a)(1)(C); Liberty National Enterprises, L.P. v. Chicago Title Ins. Co. (2011) 194 Cal.App.4th 839, 846.) For example, J.M. makes numerous allegations about what happened at the hearing before the commissioner -- what was submitted as evidence, what was said, what contentions were made -- but she does not provide us with a reporter’s transcript of that hearing or some appropriate alternative, such as a settled statement. (Cal. Rules of Court, rules 8.134, 8.137; Ehman v. Moore (1963) 221 Cal.App.2d 460, 462.) We must therefore disregard every statement of fact or procedure that is not accompanied by a citation to the record on appeal supporting the statement. J.M. accuses M.C. of misconduct in multiple ways, amounting to what she terms “legal abuse,” but she does not substantiate the accusations with citations to the record. J.M. also claims she “happen[s] to know” that the Placer County court “partially approves” every request for a temporary restraining order. We disregard all of these