Party Failed to Provide Record Establishing an Assignment.
Ybarra v. Ready Products Corp., Case No. E053406 (4th Dist., Div. 2 Sept. 7, 2012) (unpublished) is yet another reminder to make sure you present an adequate record on appeal. Here, defendants challenged they were not parties to a note for fee recovery purposes, which depended on showing a certain assignment. However, the appealing defendant did not present any proof of the assignment in the appellate court which means that this failure required the claim to be resolved against appellant. (Ketchum v. Moses, 24 Cal.4th 1122, 1140-1141 (2001).)