Does a plaintiff have a right to appeal against a finding that a judgment or order of the lower court was improper?

California, United States of America


The following excerpt is from Aiassa v. Volpe, H040846 (Cal. App. 2015):

of the right before a tribunal having jurisdiction to determine it." [Citation.]' (United States v. Olano (1993) [507] U.S. [725, 731].)" (People v. Saunders, supra, at p. 590.) Insofar as plaintiff is now impliedly arguing that she did not receive actual notice of the November 27, 2013 order before her deposition noticed for December 4, 20139 or arguing that the order was improper, she forfeited those contentions by failing to raise them at the December 13, 2013 hearing on defendants' motion for terminating sanctions.

Furthermore, "it is settled that: 'A judgment or order of the lower court is presumed correct. All intendments and presumptions are indulged to support it on matters as to which the record is silent, and error must be affirmatively shown. This is not only a general principle of appellate practice but an ingredient of the constitutional doctrine of reversible error.' [Citations.]" (Denham v. Superior Court (1970) 2 Cal.3d 557, 564.) Nothing in this record demonstrates that plaintiff was unaware of the November 27, 2013 order at the time of the December 13, 2013 hearing.10 She has not established that the trial court committed reversible error by granting defendants' motion for terminating sanctions based on the evidence and arguments before it.

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