On appeal, what is the test for assuming a judge considered all available evidence in making a ruling?

California, United States of America


The following excerpt is from Lejerskar v. Lejerskar (In re Lejerskar), G053989 (Cal. App. 2018):

On appeal, we presume the trial court's judgment is correct, and thus "[a]ll intendments and presumptions are indulged to support it on matters as to which the record is silent, and error must be affirmatively shown." (Denham v. Superior Court (1970) 2 Cal.3d 557, 564,) Thus, we are obligated to assume the court did consider all available evidence in making its ruling, unless the record affirmatively demonstrates otherwise. There is no such affirmative demonstration here.

Other Questions


What is the test for making a request to appeal against a motion of appeal in the Court of Appeal? (California, United States of America)
How does the Court of Appeal review a trial court's ruling to admit evidence over defendant's objection based on evidence section 352? (California, United States of America)
Does the "right ruling, wrong reasoning" rule apply to an evidentiary ruling that required the trial court to make findings of fact? (California, United States of America)
In a civil case, after deliberating for more than three hours, after the jury has retired to consider the evidence, what is the effect of the judge's summation of the evidence? (California, United States of America)
When a judge makes a judgment in a minute order, does the judge have to deliver the abstract in an oral order? (California, United States of America)
When determining whether the evidence was sufficient to sustain a conviction on appeal, what is the role of the Court of Appeal? (California, United States of America)
Can the jury consider the importance of the age factor in determining whether or not the evidence should be considered "triple count" or "double count"? (California, United States of America)
Is a defendant's failure to make a timely and specific objection to the admission of evidence on appeal cognizable? (California, United States of America)
What is the test for a defense objection to the question "assumed facts not in evidence" or "misstated evidence"? (California, United States of America)
What is the test for appeal against the evidentiary rulings of the trial court on the admissibility of evidence? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.