What is the test for establishing that a judgment or order of a lower court is presumed to be correct on appeal?

California, United States of America


The following excerpt is from Bentley v. El Rio Mobilehome Coop., Inc., H040244 (Cal. App. 2016):

It is a fundamental rule of appellate practice that "[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.) Where the challenge is one based upon a claimed lack of substantial evidence to support the trial court's findings, "we are bound by the 'elementary, but often overlooked principle of law, that . . . the power of an appellate court begins and ends with a determination as to whether there is any substantial evidence, contradicted or uncontradicted,' to support the findings below. [Citation.] We must therefore view the evidence in the light most favorable to the prevailing party, giving it the benefit of every reasonable inference and resolving all conflicts in its favor." (Jessup Farms v. Baldwin (1983) 33 Cal.3d 639, 660.)

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