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 Wilson v. Van Houten, D072285 (Cal. App. 2018):

Because a "judgment or order of a lower court is presumed to be correct on appeal, . . . all intendments and presumptions are indulged in favor of its correctness." (In re Marriage of Arceneaux (1990) 51 Cal.3d 1130, 1133.) As a related concept, since such a judgment or order is " 'presumed correct,' " on appeal the appellant has the burden of establishing reversible error. (Denham v. Superior Court (1970) 2 Cal.3d 557, 564 (Denham).)

As part of this burden on appeal, an appellant's opening brief "must [] . . . [] [p]rovide a summary of the significant facts limited to matters in the record." (Cal. Rules of Court,2 rule 8.204(a)(2)(C), italics added.) Indeed, all parties are required to provide "a citation to the volume and page number of the record" when relying on "any reference to a matter in the record." (Rule 8.204(a)(1)(C).) Appellate courts " 'cannot be expected to search through a voluminous record to discover evidence on a point raised [by a party] when his [or her] brief makes no reference to the pages where the evidence on the point can be found in the record.' " (Multani v. Witkin & Neal (2013) 215 Cal.App.4th 1428, 1458 (Multani).)

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