What is the appellant's burden to overturn a finding of error at the Court of Appeal?

California, United States of America


The following excerpt is from Roman Catholic Bishop of Orange v. Nichols, G055023 (Cal. App. 2019):

"It is a fundamental principle of appellate review that the factual findings of the trial court are presumed correct. [Citations.] . . . In the absence of a contrary showing in the record, all presumptions in favor of the trial court's action will be made by the appellate court." (Construction Financial v. Perlite Plastering Co. (1997) 53 Cal.App.4th 170, 179.) It is the appellant's burden to show error. (Virtanen v. O'Connell (2006) 140 Cal.App.4th 688, 710.) Error must be prejudicial to require reversal. "'The burden is on the appellant in every case to show that the claimed error is prejudicial . . . .'" (In re Marriage of McLaughlin (2000) 82 Cal.App.4th 327, 337.)

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