What is the burden of proving reversible error in a motion to appeal against a finding of error at the Court of Appeal?

California, United States of America


The following excerpt is from Alexander v. Blue Cross of CA., 106 Cal.Rptr.2d 431, 88 Cal.App.4th 1082 (Cal. App. 2001):

"It is a fundamental principle of appellate review that the factual findings of the trial court are presumed correct. [Citations.] It is equally fundamental that a party challenging a judgment has the burden of showing reversible error by an adequate record. [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. If any matters could have been presented to the court below which would have supported its findings and judgment, it will be presumed that such matters were presented." (Construction Financial v. Perlite Plastering Co. (1997) 53 Cal.App.4th 170, 179.)

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