Filed 6/24/14 Koopongskul v. Wooley CA6

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California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for 

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or ordered published for purposes of rule 8.1115. 

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

SIXTH APPELLATE DISTRICT

CHAOWALIT KOOPONGSKUL,

Plaintiff and Appellant,

 v.

BEVERLY HU WOOLEY et al.,

Defendants and Respondents.

 H038244

 (Santa Clara County

 Super. Ct. No. 1-10 CV181607)

Chaowlit Koopngskul appeals a judgment entered following the trial 

court’s dismissal of his complaint after sustaining respondents Happy Realty, Beverly Hu 

Wooley and Stanley Chen’s demurrer without leave to amend. 

On appeal from a judgment dismissing an action after sustaining a demurrer 

without leave to amend, we give the complaint a reasonable interpretation, and treat the 

demurrer as admitting all material facts properly pleaded. (Blank v. Kirwan (1985) 39 

Cal.3d 311, 318.) “When a demurrer is sustained, we determine whether the complaint 

states facts sufficient to constitute a cause of action. (See Hill v. Miller (1966) 64 Cal.2d 

757, 759.) And when it is sustained without leave to amend, we decide whether there is a 

reasonable possibility that the defect can be cured by amendment: if it can be, the trial 

court has abused its discretion and we reverse; if not, there has been no abuse of 

discretion and we affirm. (Kilgore v. Younger (1982) 30 Cal.3d 770, 781; Cooper v. 

Leslie Salt Co. (1969) 70 Cal.2d 627, 636.) The burden of proving such reasonable 
2

possibility is squarely on the plaintiff. (Cooper v. Leslie Salt Co., supra, at p. 636.)” 

(Ibid.)

In order to undertake the task of evaluating the sufficiency of the complaint, we 

must examine it. Here, however, appellant does not provide a copy of the complaint in 

the record on appeal.1 As a result, we cannot move beyond our starting presumption that 

appealed judgments and orders are correct. (Denham v. Superior Court (1970) 2 Cal.3d 

557, 564.) It is the appellant’s burden to overcome this presumption and affirmatively 

show error by providing not only argument, but an adequate record establishing the 

alleged error. When the appellant fails to supply an appellate record sufficient for 

meaningful review, “ ‘the appellant defaults and the decision of the trial court should be 

affirmed.’ ” (Gee v. American Realty & Construction, Inc. (2002) 99 Cal.App.4th 1412, 

1416.) 

Because plaintiff has not met his burden as appellant to demonstrate error, the 

presumption of correctness remains and the challenged orders must be upheld. (Ballard 

v. Uribe (1986) 41 Cal.3d 564, 574-575.) 

The fact that appellant is representing himself does not diminish his burden to 

establish error on appeal. While the law permits a party to act as his or her own attorney, 

“ ‘[s]uch a party is to be treated like any other party and is entitled to the same, but no 

greater[,] consideration than other litigants and attorneys. [Citation.]’ [Citation.] Thus, 

as is the case with attorneys, pro[] per[] litigants must follow correct rules of procedure. 

[Citations.]” (Nwosu v. Uba (2004) 122 Cal.App.4th 1229, 1247.) Having failed to 

 

1

 On April 8, 2014, appellant filed a group of documents purporting to augment 

the record on appeal. One of the documents is entitled, “The Appellant amended 

complaint.” There is no indication that this document was, in fact, the amended 

complaint filed in the trial court, to which respondents demurred. As a result, we do not 

consider it the amended complaint for purposes of appellate review.
3

provide this court with the necessary factual basis for review, appellant is not entitled to 

reversal.

DISPOSITION

The judgment is affirmed.

______________________________________

RUSHING, P.J.

WE CONCUR:

____________________________________

PREMO, J.

____________________________________

MÁRQUEZ, J.