What is the test for establishing that the trial court erred in awarding a settlement of damages to the appellant?

California, United States of America

The following excerpt is from Miller v. Macias, B269891 (Cal. App. 2016):

as a settlement. But it is a well-established principle that judgments and orders of the lower court are presumed correct. " ' " 'All intendments and presumptions are indulged to support [the judgment or order] on matters as to which the record is silent. . . .' [Citation.]" [Citations.]' [Citation.] 'The absence of a record concerning what actually occurred at the trial precludes a determination that the trial court [erred].' [Citation.]" (Oliveira v. Kiesler (2012) 206 Cal.App.4th 1349, 1362.) We do not presume or speculate the trial court erred. It is the appellant's burden to overcome the presumption of correctness by offering an adequate record that establishes error. (Ibid.)

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