What is the test for establishing that a motion was brought before the Court of Appeal against an order or judgment?
California, United States of America
The following excerpt is from Junaid v. Rady Children's Hosp., D072767 (Cal. App. 2019):
action will be made by the appellate court. 'If any matters could have been presented to the court below which would have authorized the order [or judgment] complained of, it will be presumed that such matters were presented.' " (Bennett v. McCall (1993) 19 Cal.App.4th 122, 127.)
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