What is the burden of proving that a superior court's judgment is correct in an appeal?

California, United States of America


The following excerpt is from Rianda v. Foster, B271773 (Cal. App. 2017):

In an appeal, the appellate court is constitutionally required to presume the superior court's judgment correct. (Denham v. Superior Court (1970) 2 Cal.3d 557, 564.) The appellant has the burden of overcoming that presumption by, most fundamentally, providing an adequate record for

Page 12

Other Questions


What is the burden of proving error on appeal against the judgment of the Superior Court of Appeal? (California, United States of America)
What is the burden of proving that a judgment or order of the lower court is presumed correct on appeal? (California, United States of America)
How have the courts dealt with a notice of appeal from a judgment in the Superior Court of Appeal? (California, United States of America)
What is the effect of an amended judgment in the Superior Court of Appeal against a defendant who has appealed against the amended judgment? (California, United States of America)
Does a judge have jurisdiction to hear an appeal from the Superior Court of the Court of Appeal? (California, United States of America)
How has the Court of Appeal dealt with a motion to reverse a judgment in the Superior Court of Justice? (California, United States of America)
In reviewing a decision by the Superior Court of Appeal to deny probation to a minor, can a judge substitute his or her judgment for that of another court? (California, United States of America)
When a court of appeal has an appealable judgment or order before it, does the court have jurisdiction to affirm, reverse or modify it? (California, United States of America)
Does a superior court have jurisdiction to award a judgment for less than the jurisdictional amount of the superior court? (California, United States of America)
On a motion to be heard by the Court of Appeal at the Superior Court of California for a change of venue, does the Court have any jurisdiction or authority to hear the motion? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.