Does a failure to provide an adequate record on an issue require that the issue be resolved against the appellant?
California, United States of America
The following excerpt is from Bo Peng v. F.M. Tarbell Co., B304763 (Cal. App. 2020):
transcript from the trial. (Jameson v. Desta (2018) 5 Cal.5th 594, 609 ["'Failure to provide an adequate record on an issue requires that the issue be resolved against [the appellant]' [citation]"].) Because, on the facts presented, plaintiff was not entitled to have a jury hear his case, the trial court did not violate the right to a jury trial that we assume he generally has in a "de novo appeal" under section 98.2.
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