Is a plaintiff's failure to provide an adequate record sufficient to support a claim under a de novo standard?
California, United States of America
The following excerpt is from Mirabadi v. Boshae, B265393 (Cal. App. 2017):
it is impossible for us to determine whether the court's decision was not supported by substantial evidence or even evaluate probable cause under a de novo standard. We must presume that the judgment was correct; Plaintiffs cannot benefit from their own failure to furnish a proper record. (Barak v. Quisenberry Law Firm (2006) 135 Cal.App.4th 654, 660 ["Failure to provide an adequate record on an issue requires that the issue be resolved against appellant."].)
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