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

California, United States of America


The following excerpt is from Cox v. Wilson, D076492 (Cal. App. 2020):

" 'A judgment or order of the lower court is presumed correct. All intendments and presumptions are indulged to support it 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.) " 'This is not only a general principle of appellate practice but an ingredient of the constitutional doctrine of reversible error.' " (Ibid.)

On appeal, a brief must include appropriate citations to the facts in the record. (Keyes v. Bowen (2010) 189 Cal.App.4th 647, 655.) "Because '[t]here is no duty on this court to search the record for evidence' [citation], an

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appellate court may disregard any factual contention not supported by a proper citation to the record [citation]." (Grant-Burton v. Covenant Care, Inc. (2002) 99 Cal.App.4th 1361, 1379.)

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