Filed 8/12/14 Wong v. Lee CA2/5

NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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 This opinion has not been certified for publication 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 FIVE

LINA WONG,

Plaintiff and Appellant,

v.

THOMAS LEE,

Defendant and Respondent.

 B251401

 (Los Angeles County

 Super. Ct. No. KC062916)

APPEAL from a judgment of the Superior Court of Los Angeles County, Dan T. 

Oki, Judge. Affirmed. 

Lina Wong, in Pro. Per., for Plaintiff and Appellant

Wong & Mak, Steven W. Hashimoto, Fred A. Wong, for Defendant and 

Respondent.
2

The present case involves the purchase of a medical center by appellant Lina 

Wong (“Wong”) from respondent Thomas Lee (“Lee”). Subsequent to the purchase,

Wong sued Lee alleging breach of a written contract and fraud. Both parties having 

waived their right to a jury trial, the case proceeded as a court trial. After Wong rested 

her case in chief, Lee moved for a judgment pursuant to Code of Civil Procedure

section 631.8. The court granted the motion and on July 10, 2013, entered judgment in 

favor of Lee. A motion for leave to amend the complaint to conform to proof was heard 

after judgment was entered and was denied. A motion for new trial was also denied by 

the court. No reporter’s transcript or an authorized substitute was provided to this 

reviewing court. 

Inadequacy of the Record on Appeal

Wong, as the appellant, has the responsibility to ensure that an adequate record of 

the trial is presented to the reviewing court. The failure to present an adequate record 

precludes an appellant from raising any evidentiary issues on appeal. (Cosenza v. 

Kramer (1984) 152 Cal.App.3d 1100, 1102.) In other words, absent an adequate record,

the appellate court cannot reach the merits of any claim of error which requires a review 

of the evidence. (Ballard v. Uribe (1986) 41 Cal.3d 564, 574-575; Hodges v. Mark 

(1996) 49 Cal.App.4th 651, 657.)

In numerous situations, appellate courts have declined to reach the merits of an 

appeal because the lack of a reporter’s transcript or an authorized substitute made it 

impossible to do so. (See, e.g., Walker v. Superior Court (1991) 53 Cal.3d 257, 273-274

[transfer order]; Maria P. v. Riles (1987) 43 Cal.3d 1281, 1295-1296 [hearing on motion 

for attorney’s fees]; Ballard v. Uribe, supra, 41 Cal.3d at pp. 574-575 [new trial motion 

hearing]; In re Kathy P. (1979) 25 Cal.3d 91, 102 [hearing to determine whether counsel 

was waived and minor consented to informal adjudication]; Boeken v. Philip Morris Inc. 

(2005) 127 Cal.App.4th 1640, 1672 [ruling on a requested jury instruction]; Vo v. Las 

Virgenes Municipal Water Dist. (2000) 79 Cal.App.4th 440, 447 [trial transcript when 

attorney’s fees sought]; In re Estate of Fain (1999) 75 Cal.App.4th 973, 992 [surcharge 
3

hearing]; Hodges v. Mark, supra, 49 Cal.App.4th at p. 657 [nonsuit motion]; 

Interinsurance Exchange v. Collins (1994) 30 Cal.App.4th 1445, 1448 [monetary 

sanctions hearing]; Null v. City of Los Angeles (1988) 206 Cal.App.3d 1528, 1536 

[reporter’s transcript failed to reflect contents of jury instructions]; Buckhart v. San 

Francisco Residential Rent etc., Bd. (1988) 197 Cal.App.3d 1032, 1036 [hearing on Code 

Civ. Proc. § 1094.5 petition]; Sui v. Landi (1985) 163 Cal.App.3d 383, 385-386 [hearing 

on a motion to dissolve a preliminary injunction]; Rossiter v. Benoit (1979) 88 

Cal.App.3d 706, 713-714 [demurrer hearing]; Calhoun v. Hildebrandt (1964) 230 

Cal.App.2d 70, 71-73 [transcript of argument to jury]; Ehman v. Moore (1963) 221 

Cal.App.2d 460, 462 [failure to secure either a reporter’s transcript or a settled statement 

as to offers of proof]; Wetsel v. Garibaldi (1958) 159 Cal.App.2d 4, 10 [order confirming 

arbitration award].)

The failure of Wong in the present appeal to provide a reporter’s transcript or an

authorized substitute for same makes it impossible for this court to properly opine on the 

major issues raised on appeal by Wong, that is, whether the trial court committed 

prejudicial error in granting Lee’s Code of Civil Procedure section 631.8 motion for 

judgment, and the denial of her motion for a new trial, both of which require a review of 

the evidence.1 Therefore, the failure by Wong to provide an adequate record on appeal 

warrants affirmance of the aforesaid challenged rulings made by the trial court.2

 

1 As to Wong’s contention that the court erred in not allowing her to amend her 

complaint after judgment had been entered, a pleading cannot be amended unless the 

judgment is first vacated. (See Issa v. Alzammar (1995) 38 Cal.App.4th Supp. 1, 4.) 

Further, since the trial court denied the motion for new trial (which we cannot review due 

to the inadequate record presented by Wong), the issue of amending the complaint is 

moot. 

2

In view of this court’s ruling, we need not entertain the other issues raised in the 

Respondent’s Brief. 
4

Disposition

The judgment of the trial court is affirmed. Lee is awarded his costs on appeal.

NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS

MINK, J.

We concur:

TURNER, P.J.

KRIEGLER, J.

 

 Retired judge of the Los Angeles Superior Court, assigned by the Chief Justice 

pursuant to article VI, section 6 of the California Constitution.