Filed 7/14/14 Meza v. Bailey CA2/8 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS

California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

SECOND APPELLATE DISTRICT

DIVISION EIGHT

EVELYN JOSEPHINE MEZA,

Plaintiff and Respondent,

v.

ALPHONSO BAILEY,

Defendant and Appellant. B250442

(Los Angeles County Super. Ct. No. MS009426)

APPEAL from an order of the Superior Court of Los Angeles County. Carlos P.

Baker, Judge. Affirmed.

Alphonso Bailey, in pro. per., for Defendant and Appellant.

No appearance for Respondent.

________________________________2

Alphonso Bailey appeals from a civil harassment order entered against him.

Bailey contends there was insufficient evidence to support the issuance of the or der.

The record does not include a reporter’s transcript or settled statement. We affirm the

order.

On June 28, 2013, following a hearing, the trial court issued a civil harassment

restraining order requiring Bailey to stay away from Evelyn Meza. The o rder expi res on

June 28, 2016. The record in this case consists of a case summary, the court’s order, the

notice of appeal and designation of the record , and five hearing exhibits Bailey

designated to be included in the record

. There is no reporter’s tra nscript. 1

On appeal, Bailey contends there was no clear and convincing evidence that he

harassed Meza within the meaning of Code of Civil Procedure section 527.6; 2 there was

insufficient evidence of a likelihood of continuing harm to Meza; and there was

i nsufficient evidence that Meza suffered subs tantial emotional distress. In the absence of

a reporter’s transcript or settled statement, we must reject these claims.

1 The record on appeal does not include a copy of Meza’s petition for a restraining order. According to Bailey’s appellate brief, Meza and Bailey were in a consensual relationship, but in April 2013, Meza alleged Bailey took her to the desert, tied her up, threatened to kill her, and swung a tire iron at her head. Bailey indicates Meza also alleged Bailey sexually assaulted her; Bailey was detained by law enforcement but was later released. Bailey denied the allegations and denied harassing Meza. He asserts he submitted evidence of two polygrap h tests which indicated he was telling the truth, as well as affidavits from Meza’s mother and friend, in which the declarants stated Meza frequently lied.

2 Under Code of Civil Procedure section 527.6, a person who has suffered “harassment” may seek an injunction prohibiting harassment. (§ 527.6, subd. (a)(1).)

Harassment is defined as “ unlawful violence, a credible threat of violence, or a knowing and willful course of conduct directed at a specific person that seriously alarms, annoys,

or harasses t he person, and that serves no legitimate purpose. The course of conduct must be such as would cause a reasonable person to suffer substantial emotional distress, and must actually cause substantial emotional distress to the petitioner. ” (§ 527.6, subd. ( b)(3).)3

“[I]t is settled that: ‘A judgment or order of the lower court is presumed correct

.

All in tendments and presumptions are indulged to support it on matters as to which the

record is silent, and error must be affirmatively shown. This is not only a general

principle of appellate practice but an ingredient of the constitutional doctrine of rev ers ible

error.’ [Citations.]” ( Denham v. Superior Court (1970) 2 Cal.3d 557, 5 64 , original

italics.) When reviewing a trial court ruling we do not reweigh the evidence, make our

own factual inferences that contradict those of the trial court, or second gue ss the trial

court’s credibility determinations. ( Citizens Business Bank v. Gevorgian (2013) 218

Cal.App.4th 602, 613.)

As a result, “[w] here no reporter ’ s transcript has been provided and no error is

apparent on the face of the existing appellate recor d, the judgment must be conclusively

presumed correct as to all evidentiary matters. To put it another way, it is presumed that

the unreported trial testimony would demonstrate the absence of error. [Citation.] The

effect of this rule is that an appella nt who attacks a ju dgment but supplies no reporter’ s

transcript will be precluded from raising an argument as to the sufficiency of the

evidence. ” ( Estate of Fain (1999) 75 Cal.App.4th 973, 992 ( Fain ) , italics in original;

Ehrler v. Ehrler (1981) 126 Cal. App.3d 147, 154.)

It is the appellant’s burden to present an adequate record for review. Bailey has

failed to do so here. We presume the unreported hearing testimony would demonstrate

the absence of error and would provide substantial evidence for the issuance of the

restraining order. ( Fain, supra, 75 Cal.App.4th at p. 992.) Since Bailey’s only argument

is that the trial court order was not supported by sufficient evidence, we must affirm the

judgment. ( Oliveira v. Kiesler (2012) 206 Cal.App.4th 134 9, 1362.)4 DISPOSITION

The trial court order is affirmed. As there has been no appearance for respondent,

no costs will be awarded on appeal.

BIGELOW, P.J.

We concur:

RUBIN, J.

GRIMES, J.