What is the burden of proving error on appeal against the judgment of the Superior Court of Appeal?

California, United States of America


The following excerpt is from Cantarella v. Herrera (In re Marriage of Cantarella), G057197, G058304, G058332, G058383, G058413, G058484 (Cal. App. 2020):

On appeal, we presume the judgment is correct. (Roberson v. City of Rialto (2014) 226 Cal.App.4th 1499, 1507.) Because it is father's burden to show error, he had the duty to provide us with a sufficient record in support of his arguments on appeal. (Ibid.) His failure to do so with respect to orders 2 through 6 is fatal to his appeal.

In addition to the arguments set forth above, father contends the trial judge was biased and should be recused. As discussed above, father's only alleged basis for bias is the trial court's various rulings against him, which he contends were erroneous. But we find no error in those rulings, and again even erroneous adverse rulings do not constitute judicial bias. (People v. Avila, supra, 46 Cal.4th at p. 696.)

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