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Morongo Valley
Eviction
Appeal Decision CIV.A.1197 6
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HUD/DFEH Complaint
Appeal Decision CIV.A.1197
April 04, 2005 - page 6


must uphold it unless "it appears that upon no hypothesis whatever is there

sufficient substantial evidence to support the conviction." (People v. Bolin (1998)

18 Cal.4th 297, 331.) Once again, the absence of a complete record renders

our analysis of this issue impossible.

Although appellant contends the court based its finding on "uncontroverted

facts" the partial record cannot be used to support his contention. An appellant

bears the burden of producing and adequate record on appeal affirmatively

demonstrating error. ( (1986) 41 Cal.3d 564, 574-575.) We must

presume that the missing trial testimony and/or exhibits would support the court's

factual determination that respondent had no illegal motivation for evicting

appellant. (Maria P. v. Riles (1987) 43 Cal 3d 1281, 1296.)

DISPOSITION

The judgment is affirmed.

__________________________________
KEITH D. DAVIS, Presiding Judge
of the Appellate Division

__________________________________
MICHAEL M. DEST
Judge of the Appellate Division

__________________________________
KATHERINE WEST
Judge of the Appellate Division






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