What is the burden of affirmatively establishing prejudicial error?

California, United States of America


The following excerpt is from Felix v. Superior Court, F078523 (Cal. App. 2020):

Appellants have the burden of affirmatively establishing the trial court committed prejudicial error. (Denham v. Superior Court (1970) 2 Cal.3d 557, 564.) An aspect of carrying this burden is submitting an appellant's opening brief with appropriate references to the record. (Cal. Rules of Court, rule 8.204(a)(1)(C).) Here, plaintiff contends the trial court erred because the record shows he served respondents. However, plaintiff does not identify who the respondents are and does not provide a citation to where in the record the proof of service is located. In the absence of (1) a citation to the page or pages in the record supporting his contention that the respondents were served and (2) a document showing the service was made in accordance with legal requirements,

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