What is the burden on the appellant to prove that the error was prejudicial?

California, United States of America


The following excerpt is from Harris v. Bonander, F071886 (Cal. App. 2017):

error is prejudicial. "'The burden is on the appellant in every case to show that the claimed error is prejudicial; i.e., that it has resulted in a miscarriage of justice.' [Citation.] Injury is not presumed from error, but injury must appear affirmatively upon the court's examination of the entire record." (In re Marriage of McLaughlin (2000) 82 Cal.App.4th 327, 337.) "An error is prejudicial and results in a miscarriage of justice only if the reviewing court concludes, based on its review of the entire record, that it is reasonably probable that the trial court would have reached a result more favorable to the appellant absent the error." (Jones v. Farmers Ins. Exchange (2013) 221 Cal.App.4th 986, 999.)

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