What is the burden of proving error against an order of the trial court?

California, United States of America

The following excerpt is from Laguna Auto Body v. Farmers Ins. Exchange, 231 Cal.App.3d 481, 282 Cal.Rptr. 530 (Cal. App. 1991):

The order of the trial court is presumed correct and all intendments and presumptions are indulged to support the order on matters to which the record is silent. It is appellants' burden to affirmatively demonstrate error and, where the evidence is in conflict, this court will not disturb the trial court's findings. (Young v. Rosenthal (1989) 212 Cal.App.3d 96, 123, 260 Cal.Rptr. 369; Ellis v. Roshei Corp. (1983) 143 Cal.App.3d 642, 645, fn. 2, 192 Cal.Rptr. 57.)

"The most advanced legal research software ever built."

Try it today free of charge!

The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.

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 test for a motion to review an order from the Superior Court of Appeal against a motion of appeal against an order requiring the Court to review the order? (California, United States of America)

What burden is on an appellant to prove that the trial court committed an error that justifies reversal of the judgment? (California, United States of America)

When a fee order under review is ordered by a judge other than the trial judge, does the court have any discretion or authority to review the order? (California, United States of America)

What is the burden of proving reversible error in a motion to challenge a judgment or order of the lower court? (California, United States of America)

What is the appellant's burden to prove that a judgment or order of the trial court was wrong? (California, United States of America)

When a defendant makes a mid-trial motion to revoke his self represented status and have standby counsel appointed for the remainder of the trial, does the trial court have a duty to manage the trial? (California, United States of America)

If defendant fails to establish all the errors of the trial court as a cumulative result of the cumulative error, can he continue to argue that the cumulative effect of the error was harmless beyond a reasonable doubt and mandates reversal? (California, United States of America)

Does the Court of Appeal have jurisdiction to order an order affecting a judgment from the trial court while the appeal is pending? (California, United States of America)

How does the clerk of the court remit to the trial court a copy of the judgment or order of the reviewing court? (California, United States of America)

What is the burden of proving error against an order of the trial court?

"The most advanced legal research software ever built."

Other Questions

Trusted by top litigators from across North America.

Company

Product

Resources