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

California, United States of America


The following excerpt is from Karle v. Peene, C092073 (Cal. App. 2021):

As always, it is appellant's burden to affirmatively show error.' (Multani v. Witkin & Neal (2013) 215 Cal.App.4th 1428, 1457.) Furthermore, error alone does not warrant reversal. It is a fundamental principle of appellate jurisprudence in this state that a judgment will not be reversed unless it can be shown that a trial court error in the case affected the result.' [Citation.] The burden is on the appellant, not alone to show error, but to show injury from the error.' [Citation.] Injury is not presumed from error, but injury must appear affirmatively upon the court's examination of the entire record.' [Citation.] Only when an error has resulted in a miscarriage of justice will it be deemed prejudicial so as to require reversal.' [Citation.] A miscarriage of justice is not found unless it appears reasonably probable that, absent the error, the appellant would have obtained a more favorable result.' (In re Marriage of Falcone & Fyke (2008) 164 Cal.App.4th 814, 822-823.)

B. The Changed Circumstances Rule

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