What is the burden of establishing substantial evidence on an appeal?

California, United States of America


The following excerpt is from Hernandez v. Hernandez (In re Hernandez), A141188 (Cal. App. 2016):

We again start with the presumption that the court's orders are correct. (In re Marriage of Arceneaux (1990) 51 Cal.3d 1130, 1133.) We apply "the familiar tenets of the substantial evidence rule, ' "In reviewing the evidence on . . . appeal all conflicts must be resolved in favor of the [prevailing party], and all legitimate and reasonable inferences indulged in [order] to uphold the [finding] if possible." ' " (In re Marriage of Bonds (2000) 24 Cal.4th 1, 31.) "[T]he burden is on the appellant 'to demonstrate that there is no substantial evidence to support the challenged findings.' [Citations.] A recitation of only [the appellant's] own evidence or a general unsupported denial that any evidence sustains the findings is not the 'demonstration' contemplated under the rule. An appellant 'is required to set forth in his brief all of the material evidence on the point and not merely his own evidence. If this is not done, the error assigned is deemed [forfeited].' " (Green v. Green (1963) 215 Cal.App.2d 31, 35.)

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