What is the test for sustaining a judgment or order of a lower court on appeal?

California, United States of America


The following excerpt is from Cnty. of San Diego v. Irby, D066656 (Cal. App. 2016):

The trial court's erroneous analysis does not end our analysis. It is axiomatic that " ' " '[A] ruling or decision, itself correct in law, will not be disturbed on appeal merely because given for a wrong reason. If right upon any theory of the law applicable to the case, it must be sustained regardless of the considerations which may have moved the trial court to its conclusion.' " ' " (People v. Smithey (1999) 20 Cal.4th 936, 972.) A closely related principle requires that "[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 (Arceneaux).)

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