What is the appellant's burden to affirmatively show error?

California, United States of America


The following excerpt is from Diaz v. Yoder Prop. Mgmt., F061384, Super. Ct. No. 637393 (Cal. App. 2012):

The judgment of the trial court is presumed to be correct and it is the appellant's burden to affirmatively show error. To demonstrate error, the appellant must present meaningful legal analysis supported by citations to authority and citations to facts in the record that support the claim of error. When a point is asserted without argument and authority for the proposition, it is deemed to be without foundation and requires no discussion by the reviewing court. Hence, conclusory claims of error will fail. In addition, an appellant's brief must state each point under a separate heading or subheading summarizing the point. This is not a mere technical requirement. Rather, it is designed to lighten the labors of appellate tribunals by requiring litigants to present their cause in a systematic manner for adjudication. Under California law, it is not the role of an appellate court to carry out this burden. (In re S.C. (2006) 138 Cal.App.4th 396, 410-412; Wallace v. Thompson (1954) 129 Cal.App.2d 21, 22.)

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