Here is an interesting one showing how an inadequate appellate record can be damning.
It was apparent in Marriage of Castaneda, Case No. C067676 (3d Dist. Mar. 22, 2013) (unpublished) that the family law judge granted Family Code section 271 sanctions based not on the conduct mentioned in initial papers (failure to produce documents at trial) but other litigation conduct at husband's deposition. Husband was directed to pay $3,155 in 271 sanctions to wife.
He appealed, but ran into a major problem. He failed to provide a reporter's transcript of a proceeding insinuating that the family law judge was considering sanctions for the deposition conduct and may have given husband an opportunity to respond on that point. However, without a hearing transcript, the appellate court had to presume a response was allowed to husband based on other papers of record. Fee sanctions affirmed, although due process did lurk as an issue in this one.
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