What is the appellant's burden to prove that the demurrer was sustained erroneously?

California, United States of America


The following excerpt is from Andrichuk v. Bank of Am., N.A., C086671 (Cal. App. 2019):

"The fact that we examine the complaint de novo does not mean that plaintiffs need only tender the complaint and hope we can discern a cause of action. It is plaintiffs' burden to show . . . that the demurrer was sustained erroneously . . . ." (Keyes v. Bowen (2010) 189 Cal.App.4th 647, 655.) It is a fundamental rule of appellate practice that "the trial court's judgment is presumed to be correct, and the appellant has the burden to prove otherwise by presenting legal authority on each point made and factual analysis, supported by appropriate citations to the material facts in the record; otherwise, the argument may be deemed forfeited." (Ibid.) "It is the appellant's responsibility to support claims of error with citation and authority; this court is not obligated to perform that function on the appellant's behalf." (Id. at p. 656.) "[T]he appellant must present each point separately in the opening brief under an appropriate heading, showing the nature of the question to be presented and the point to be made; otherwise, the point will be forfeited." (Ibid.)

Other Questions


What is the appellant's burden of proving its cause of action after a sustained demurrer has been sustained? (California, United States of America)
What is the burden of proving that the trial court erroneously sustained the demurrer as a matter of law? (California, United States of America)
If the record is silent and the appellant has failed to sustain his burden of proving error, what is the test for striking a prior felony conviction? (California, United States of America)
What is the burden of proving that plaintiffs had the burden to prove allocation of the premiums? (California, United States of America)
When a court sustains a demurrer without leave to amend, what is the burden of proving that the amendment would cure the defect? (California, United States of America)
What is the test for determining whether the prosecution sustained its burden of proving the elements of a sentence enhancement beyond a reasonable doubt? (California, United States of America)
What is the initial burden of proving that a defendant breached the statute of limitations in a motion of demurrer? (California, United States of America)
What is the burden of proving that a local committee or board's action is erroneous or unlawful? (California, United States of America)
When a factual determination is challenged by an appellate court on the grounds that there is no substantial evidence to sustain it, can the appellate court substitute its deductions for those of the trial court? (California, United States of America)
What burden is on an appellant to prove that the trial court committed an error that justifies reversal of the judgment? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.