Judge: Daniel M. Crowley, Case: 21STCV40908, Date: 2023-04-04 Tentative Ruling

Case Number: 21STCV40908    Hearing Date: April 4, 2023    Dept: 207

Plaintiff Jessica Jacobs (“Plaintiff”) filed this unlawful detainer action against Defendant Steven Ray Ritchie (“Defendant”). The action concerns an undeveloped lot of land in Topanga Canyon located at 1870 Old Topanga Canyon Road in Topanga California. Defendant claims a right to occupy the property pursuant to an alleged lease he entered into with the property’s prior owner. Plaintiff alleges there never was any such lease as between Defendant and the prior owner, and that even if such a lease does exist it is void as to her pursuant to Civil Code § 1214.

The Court held a bench trial on Plaintiff’s unlawful detainer claim and on November 22, 2022, the Court issued an Order After Hearing finding in Plaintiff’s favor as to the existence of a written lease between Defendant and the prior owner, and as to her status as a bona fide purchaser under Civil Code § 1214. On December 8, 2022, the Court issued an Amended Order After Hearing, and on December 16, entered Judgment in Plaintiff’s favor pursuant to the findings made in the Amended Order After Hearing. Defendant has appealed.

Defendant has filed a motion to augment the record on appeal. Defendant’s motion is unopposed.

Analysis

Defendant moves this Court for an order augmenting the record on his appeal pursuant to California Rules of Court, rule 8.155(a). Rule 8.155(a) permits “the reviewing court” to “order the record augmented” on appeal. This Court is not the reviewing court for purposes of Defendant’s appeal, and thus has no power to augment the appellate record pursuant to rule 8.155. Defendant’s motion is thus not properly before this Court and should instead be filed with the Court of Appeal. (See, e.g., In re A.B. (2008) 164 Cal.App.4th 832, 839 [“Rule 8.155(a)(1)(A) allows this court to order the record augmented”].) Defendant’s motion is DENIED.

Disposition

Defendant’s motion to augment the record on appeal pursuant to rule 8.155 is DENIED.