What is the burden of proving that the appellant was prejudiced by the error in a finding that she was entitled to stay in a marriage?
California, United States of America
The following excerpt is from Anderson v. Together, D074368 (Cal. App. 2020):
not shown she was prejudiced by the alleged error. Prejudice is not presumed, and the appellant bears the burden of establishing that the trial court's ruling was prejudicial. (Cf. People ex rel. City of Santa Monica v. Gabriel (2010) 186 Cal.App.4th 882, 887.)
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
Does a finding of detrimental return have the burden of proving that the finding was error? (California, United States of America)
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)
What is the test for an appellant to prove that a purported error by the trial court prejudiced him? (California, United States of America)
Does the appellant have the burden of demonstrating prejudicial error in its factual findings? (California, United States of America)
What is the appellant's burden to establish error based on the appellate record? (California, United States of America)
What is the appellant's burden to prove his entitlement to presentence credit? (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 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)
What is the burden on Grappo to prove error and prejudice arising from an error? (California, United States of America)
What is the appellant's burden of demonstrating prejudicial error to the appellate court? (California, United States of America)
