What is the test for deciding an appeal based on the record, the opening brief, and any oral argument by the appellant?

California, United States of America

The following excerpt is from Thiry v. Pet Partners, Inc., E070851 (Cal. App. 2019):

^1. Thiry did not file a respondent's brief. Therefore, we "may decide the appeal on the record, the opening brief, and any oral argument by the appellant." (Cal. Rules of Court, rule 8.220(a)(2).) "Nonetheless, [defendants] still bear[] the 'affirmative burden to show error whether or not the respondent's brief has been filed,' and we 'examine the record and reverse only if prejudicial error is found.'" (Smith v. Smith (2012) 208 Cal.App.4th 1074, 1078.)

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