What is the test for providing an adequate record in the context of a motion to overturn an order against an appellant?

California, United States of America


The following excerpt is from Lapid v. Keener, D074216 (Cal. App. 2019):

'In the absence of a contrary showing in the record, all presumptions in favor of the trial court's action will be made by the appellate court. "[I]f any matters could have been presented to the court below which would have authorized the order complained of, it will be presumed that such matters were presented." ' . . . ' "A necessary corollary to this rule is that if the record is inadequate for meaningful review, the appellant defaults and the decision of the trial court should be affirmed.' " . . . 'Consequently, [the appellant] has the burden of providing an adequate record. [Citation.] Failure to provide an adequate record on an issue requires that the issue be resolved against [the appellant].' " (Jameson v. Desta (2018) 5 Cal.5th 594, 608-609, citations omitted.)

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