Filed 4/11/14 Gardley v. County of Los Angeles Child Support Services Dept. CA2/5

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IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

SECOND APPELLATE DISTRICT

DIVISION FIVE

MICHAEL V. GARDLEY,

Plaintiff and Appellant,

v.

COUNTY OF LOS ANGELES CHILD 

SUPPORT SERVICES DEPARTMENT,

Defendant and Respondent.

 B245246

 (Los Angeles County Super. Ct.

 No. LD017096)

APPEAL from a judgment of the Superior Court of Los Angeles County, Michael 

J. Convey, Judge. Affirmed.

Michael V. Gardley, in pro. per., for Plaintiff and Appellant.

Jennifer Coultas, Chief Attorney, and Richard H. Kim, Legal Counsel, for 

Defendant and Respondent.

_______________________________
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The trial court denied the May 25, 2012 ex parte motion of appellant Michael V. 

Gardley seeking relief from 13 years of child support based upon allegations of fraud, 

intentional and negligent infliction of emotional distress, negligence, parental child 

abduction, and loss of income. Gardley and Venus D. Gardley, were parties to a 

dissolution action, case No. LD017096, filed in the 1990’s. No child support order was 

entered in the dissolution action, but the Los Angeles County Child Support Services 

Department (County) obtained support orders in two separate cases--Nos. D248016 and 

BY450789. The court denied Gardley’s motion for relief in case No. LD017096 on the 

basis that no child support order had been entered in that case, and any attempt to set 

aside child support orders and refund payments should be pursued in case Nos. D248016 

and BY450789. 

The record in this appeal consists of a clerk’s transcript, supplemental clerk’s 

transcript, and various documents in a motion to augment the record. Although 

Gardley’s allegations are fact-specific, complaining of conduct by courts, the County, and 

Venus Gardley, there is no reporter’s transcript or suitable substitute, such as a settled 

statement, of any of the proceedings in the three cases referred to by Gardley in his 

appellate briefs.

We directed the parties to address whether Gardley had presented an adequate 

record on appeal. We conclude he has failed to do so. “On appeal, we presume the

judgment is correct and we will not reverse unless the appellant establishes error occurred 

and that the error was prejudicial. (People v. Kelly (1986) 183 Cal.App.3d 1235, 1240.)” 

(People v. Mays (2007) 148 Cal.App.4th 13, 33-34.) “Where no reporter’s transcript has 

been provided and no error is apparent on the face of the existing appellate record, 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. (Ehrler v. Ehrler (1981) 126 Cal.App.3d 147, 153-154.)” (Estate of 

Fain (1999) 75 Cal.App.4th 973, 992.)

The lack of a reporter’s transcript or settled statement of all pertinent proceedings 

in the trial court is fatal to Gardley’s appeal. We are unable to assess the merits of 
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Gardley’s assertions on appeal in the absence of a complete record of trial court 

proceedings. “In numerous situations, appellate courts have refused to reach the merits 

of an appellant’s claims because no reporter’s transcript of a pertinent proceeding or a 

suitable substitute was provided. (Maria P. v. Riles (1987) 43 Cal.3d 1281, 1295-1296

[attorney fee motion hearing]; Ballard v. Uribe (1986) 41 Cal.3d 564, 574-575 (lead opn. 

of Grodin, J.) [new trial motion hearing]; In re Kathy P. (1979) 25 Cal.3d 91, 102

[hearing to determine whether counsel was waived and the minor consented to informal 

adjudication]; Vo v. Las Virgenes Municipal Water Dist. (2000) 79 Cal.App.4th 440, 447 

[trial transcript when attorney fees sought]; Estate of Fain[, supra,] 75 Cal.App.4th [at 

p.] 992 [surcharge hearing]; Hodges v. Mark (1996) 49 Cal.App.4th 651, 657 [nonsuit 

motion where trial transcript not provided]; Null v. City of Los Angeles (1988) 206 

Cal.App.3d 1528, 1532 [reporter’s transcript fails to reflect content of special 

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 [motion to dissolve preliminary injunction hearing]; 

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 the jury];

Ehman v. Moore (1963) 221 Cal.App.2d 460, 462 [failure to secure reporter’s transcript 

or settled statement].)” (Foust v. San Jose Construction Co., Inc. (2011) 198 Cal.App.4th 

181, 186-187.)
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DISPOSITION

The judgment is affirmed. Costs on appeal are awarded to the County of Los 

Angeles Child Support Services Department.

KRIEGLER, J.

We concur:

TURNER, P. J.

MINK, J.*

 

* Retired judge of the Los Angeles County Superior Court assigned by the Chief 

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