What is the burden of presenting an adequate record in a motion to overturn a decision of the Superior Court of Justice?

California, United States of America


The following excerpt is from People v. Accredited Sur. & Cas. Co., F078117 (Cal. App. 2019):

"[I]t is a fundamental principle of appellate procedure that a trial court judgment is ordinarily presumed to be correct and the burden is on an appellant to demonstrate, on the basis of the record presented to the appellate court, that the trial court committed an error that justifies reversal of the judgment. [Citations.] 'This is not only a general principle of appellate practice but an ingredient of the constitutional doctrine of reversible error.' [Citations.] '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....' [Citation.] ' "A necessary corollary to this rule is that if the record is inadequate for meaningful review, the appellant [has failed to carry its burden] and the decision of the trial court should be affirmed." ' [Citation.] '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.)

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