If an appellant fails to meet the burden of proving that the evidence is sufficient to support the argument, is the argument forfeited?
California, United States of America
The following excerpt is from Andrews v. Swartz (In re Andrews), G049946 (Cal. App. 2016):
If an appellant fails to fulfill this burden we may consider the argument forfeited. (Nwosu v. Uba (2004) 122 Cal.App.4th 1229, 1246.) And we are "'entitled to indulge in a presumption that the evidence sustains the determination of the trial court.' [Citations.]" (Estate of Hilton (1996) 44 Cal.App.4th 890, 922.)
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