Utz v. Aureguy

In Utz v. Aureguy (1952) 109 Cal.App.2d 803, the lower court granted a demurrer in favor of the defendant, Aureguy. Plaintiff, Utz, sought review of that decision. (Id. at p. 805.) The record submitted by Utz consisted solely of: a complaint with its amendments along with a demurrer and its amendments. But, the demurrer in the lower court was premised upon defendants' four affidavits, all the pleadings in the case, and a deposition of the plaintiff. (Ibid.) In order to review whether the lower court erred in making that determination, the court of appeal needed all four affidavits filed by the defendants, and all complaints filed in connection with the case, all demurrers, answers, motions to strike and a deposition of the plaintiff. The court concluded that, "In the absence of the other material evidence which constituted the lower court holding there is no way of knowing anything about that holding." (Id. at pp. 805-806.) Due to this deficiency in the record submitted for review, the court of appeal dismissed the case and affirmed the lower court judgment.