Hillman v. Leland E. Burns, Inc

In Hillman v. Leland E. Burns, Inc. (1989) 209 Cal.App.3d 860, the appellant contended that the trial court had misinterpreted the plain language of a contract. (Id. at p. 865.) To establish the contention, the appellant provided a record that omitted the reporter's transcript of the underlying trial. (Id. at pp. 862-863.) The respondent argued that the partial record was insufficient because the trial court had relied on extrinsic evidence in interpreting the contract. (Id. at p. 864.) The appellate court concluded that the burden had shifted to the respondent to augment the record, as the appellant's partial record was sufficient to establish the error the appellant had asserted. (Ibid.)