What is the test for a motion to review a judgment or order of a lower court?

California, United States of America


The following excerpt is from Barbara B. v. Christopher B., B276931 (Cal. App. 2018):

In conducting our review, we presume that a judgment or order of a lower court is correct. "'"We must accept as true all evidence . . . tending to establish the correctness of the trial court's findings . . . , resolving every conflict in favor of the judgment."' [Citation.]" (Burquet v. Brumbaugh (2014) 223 Cal.App.4th 1140, 1143 (Burquet).) "'All intendments and presumptions are indulged to support [the judgment] on matters as to which the record is silent, and error must be affirmatively shown.'" (Denham v. Superior Court (1970) 2 Cal.3d 557, 564.)

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