What is the burden of establishing error on appeal?

California, United States of America


The following excerpt is from Jones v. Jones (In re Jones), G053394 (Cal. App. 2018):

On appeal, the trial court's judgments or orders are presumed correct. (Rayii v. Gatica (2013) 218 Cal.App.4th 1402, 1408.) In addition to establishing error, an appellant must also demonstrate that any error is prejudicial. (In re Marriage of McLaughlin (2000) 82 Cal.App.4th 327, 337.) "'The burden is on the appellant in every case to show that the claimed error is prejudicial; i.e., that it has resulted in a miscarriage of justice.' [Citation.] Injury is not presumed from error, but injury must appear affirmatively upon the court's examination of the entire record." (Ibid.)

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