Barton v. Steadfast Management
Plaintiff appeals from the judgment entered following a jury verdict in favor of defendants and respondents Steadfast Management Company, Steadfast Lakeview Terrace LLP, Christian Hernandez, and Angelica Barba. Ms. Barton elected to proceed on appeal with an appellants appendix and a partial reporters transcript. The only reporters transcript designated for the appeal by Ms. Barton was for an in chambers hearing on April 14, 2006, in which the trial court ruled that prospective witness Dennard Reese would not be permitted to testify on behalf of Ms. Barton. Defendants have augmented the record on appeal with a transcript of an April 11, 2006 hearing on an in limine motion to preclude the testimony of Mr. Reese.
Without a complete transcript of the trial, it cannot be determined whether the trial courts ruling to exclude the testimony of Mr. Reese was error, and if so, whether the error was prejudicial in light of the totality of the evidence. Applying the presumption that the judgment is correct and that there is no error without affirmative proof, court affirm the judgment.
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