What is the burden of proving an error in a motion?

California, United States of America


The following excerpt is from Shield Aviation, Inc. v. Corum, D074109 (Cal. App. 2019):

To carry this burden, the appellant must "present[] legal authority on each point made and factual analysis, supported by appropriate citations to the material facts in the record." (Keyes v. Bowen (2010) 189 Cal.App.4th 647, 655.) "It is the appellant's responsibility to support claims of error with citation and authority." (Id. at p. 656.) Thus, when an appellant fails to provide an adequate record, "the judgment must be conclusively presumed correct as to all evidentiary matters." (Estate of Fain (1999) 75 Cal.App.4th 973, 992, italics omitted.)

Other Questions


What is the burden of proving reversible error in a motion to appeal against a finding of error at the Court of Appeal? (California, United States of America)
What is the burden of proving that counsel deliberately failed to object to a motion of motion? (California, United States of America)
What is the burden of proving error in a motion for sexual assault? (California, United States of America)
What is the burden of proving reversible error in a motion to set aside defaults? (California, United States of America)
What is the burden on Grappo to prove error and prejudice arising from an error? (California, United States of America)
What is the burden of proving reversible error in a motion? (California, United States of America)
What is the burden of establishing that a party defending against a motion of no confidence has the burden to establish that the motion is a protected activity? (California, United States of America)
What is the burden of proving error on a motion to tax costs? (California, United States of America)
What is the burden of proving error in a motion to appeal? (California, United States of America)
What is the burden of proof for a motion to dismiss a motion where the motion is to be heard at a different venue? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.