Nguyen v. Little Saigon Plaza CA6
Plaintiff and appellant Hieu M. Nguyen appeals an order of dismissal with prejudice following his failure to appear at a mandatory settlement conference and trial in this action alleging fraud and related claims stemming from an apparent business dispute. Nguyen has not provided an adequate record or opening brief to enable meaningful appellate review. Accordingly, we affirm.
It is well settled that a judgment is presumed correct and “ ‘error must be affirmatively shown.’ ” (Denham v. Superior Court (1970) 2 Cal.3d 557, 564.) For that reason, an appellant bears the burden of providing an adequate record. (Maria P. v. Riles (1987) 43 Cal.3d 1281, 1295 (Maria P.).) Where the appellant fails to do so, a reviewing court is required to resolve the matter against the appellant. (Id. at pp. 1295 1296.) We are not permitted to speculate as to the contents of missing portions of the record or issues appellant may have raised below.
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