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

California, United States of America


The following excerpt is from Mehta v. Activor Corp., B276151 (Cal. App. 2018):

"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.) Additionally, "it is counsel's duty to point out portions of the record that support the position taken on appeal. The appellate court is not required to search the record on its own seeking error. Again, any point raised that lacks citation may, in this court's discretion, be deemed waived." (Del Real v. City of Riverside (2002) 95 Cal.App.4th 761, 768.) The record is inadequate to demonstrate error. We deem the sufficiency of the evidence argument forfeited.

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