What is the standard of review and what is the test for overturning a judgment or order of the lower court?

California, United States of America


The following excerpt is from Anelle v. Tran, G042477, No. 07CC03564 (Cal. App. 2011):

Unlike plaintiffs, we begin our analysis with the standard of review. "'A judgment or order of the lower court is presumed correct. All intendments and presumptions are indulged to support it on matters as to which the record is silent, and error must be affirmatively shown. This is not only a general principle of appellate practice but an ingredient of the constitutional doctrine of reversible error.' [Citations.]" (Denham v. Superior Court (1970) 2 Cal.3d 557, 564, original italics.)

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