Nevinny v. Devor CA2/4

Filed 1/30/24 Nevinny v. Devor CA2/4 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 FOUR

VICTORIA NEVINNY et al., B323746

Plaintiffs and Respondents, (Los Angeles County Super. Ct. No. 21STCV32177) v.

ROBINSON DEVOR,

Defendant and Appellant.

APPEAL from a judgment of the Superior Court of Los Angeles County, Barbara Marie Scheper, Judge. Affirmed. Robinson Devor, in pro. per., for Defendant and Appellant. Nolan Heimann, Jordan Susman, Margo Arnold for Plaintiffs and Respondents.

INTRODUCTION Plaintiffs Victoria Nevinny and VINS, LLC filed a complaint alleging breach of contract and other claims involving a film. Defendant Robinson Devor did not appear, and the court entered default. The court then entered a default judgment in favor of plaintiffs, ordering specific performance, an injunction, and declaratory relief. The court also appointed an elisor to sign an agreement and assignment of rights regarding the film. Devor appealed the judgment, contending that the summons and complaint were not properly served on him. However, he has not provided a sufficient record to support that contention, and as such, he has failed to demonstrate that the trial court erred in finding that service was proper. Devor also challenges some of plaintiffs’ substantive allegations, but he may not assert these arguments for the first time on appeal after defaulting below, and the limited record does not support his contentions. We therefore affirm the judgment. FACTUAL AND PROCEDURAL BACKGROUND The record on appeal consists of the judgment and documents from the same date or post-dating the judgment. Thus, the record does not include the summons, complaint, proof of service for the summons and complaint,1 or the default prove- up documents. The following facts are taken mostly from the judgment, which includes a short description of the case substance and history. Plaintiffs filed a complaint against Devor on August 31, 2021, alleging seven causes of action: breach of contract; breach of the implied covenant of good faith and fair dealing; specific