What is the test for dismissing a motion to dismiss an in propria persona appeal?

California, United States of America


The following excerpt is from Nguyen v. Weiss, G057058 (Cal. App. 2019):

Respondents' motion to dismiss is well-taken and, based on the opening brief and record that has been provided, we will grant the motion and dismiss the appeal. The law is well-established: a trial court's judgment is presumed to be correct on appeal, and it is the burden of the party challenging it to affirmatively demonstrate prejudicial error. (Bianco v. California Highway Patrol (1994) 24 Cal.App.4th 1113, 1125.) "'When a litigant is appearing in propria persona, he is entitled to the same, but no greater, consideration than other litigants and attorneys. . . . Further, the in propria

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