What is the burden of proving error on appeal?

California, United States of America


The following excerpt is from Marshall v. Marshall (In re Marshall), 23 Cal.App.5th 477, 232 Cal.Rptr.3d 819 (Cal. App. 2018):

"A judgment or order of a lower court is presumed to be correct on appeal, and all intendments and presumptions are indulged in favor of its correctness." ( In re Marriage of Arceneaux (1990) 51 Cal.3d 1130, 1133, 275 Cal.Rptr. 797, 800 P.2d 1227.) Thus, "[i]t is appellant's burden to affirmatively demonstrate error and where the evidence is in conflict, we will affirm the trial court's findings." ( Williams v. Russ (2008) 167 Cal.App.4th 1215, 1224, 84 Cal.Rptr.3d 813.)

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