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10 California opinions name it 1 courts 2015–2026 7 in the last five years
The cases below were cited by California courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.
| Case | Followed | Cited |
|---|---|---|
| No positive-treatment citations attached to this issue in California. | ||
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in California. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Jameson v. Desta
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2 sentences2026(Jameson v. Desta (2018) 5 Cal.5th 594, 608-609 ; Denham v. Superior Court (1970) 2 Cal.3d 557, 564 .) The reviewing court indulges all intendments and presumptions to support the judgment, and the appellant must affirmatively establish error. 2024(Jameson v. Desta (2018) 5 Cal.5th 594, 608-609 ; Denham v. Superior Court (1970) 2 Cal.3d 557, 564 .) All intendments and presumptions are indulged to support the trial court’s order on matters as to which the record is silent, and the appellant must affirmatively establish error. | 7 | 2022–2026 |
Cahill v. San Diego Gas & Electric Co.
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2 sentences2026DISCUSSION A. Legal Principles and Standard of Review “A judgment or order of a lower court is presumed to be correct on appeal, and all intendments and presumptions are indulged in favor of its correctness.” (In re Marriage of Arceneaux (1990) 51 Cal.3d 1130, 1133 ; Cahill v. San Diego Gas & Electric Co. (2011) 194 Cal.App.4th 939, 956 .) An appellant must affirmatively establish error by an adequate record. 2024“A judgment or order of a lower court is presumed to be correct on appeal, and all intendments and presumptions are indulged in favor of its correctness.” (In re Marriage of Arceneaux (1990) 51 Cal.3d 1130, 1133 ; Cahill v. San Diego Gas & Electric 4 Co. (2011) 194 Cal.App.4th 939, 956 .) An appellant must affirmatively establish error by an adequate record. | 5 | 2022–2026 |
In Re Marriage of Arceneaux
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2 sentences2026DISCUSSION A. Legal Principles and Standard of Review “A judgment or order of a lower court is presumed to be correct on appeal, and all intendments and presumptions are indulged in favor of its correctness.” (In re Marriage of Arceneaux (1990) 51 Cal.3d 1130, 1133 ; Cahill v. San Diego Gas & Electric Co. (2011) 194 Cal.App.4th 939, 956 .) An appellant must affirmatively establish error by an adequate record. 2024“A judgment or order of a lower court is presumed to be correct on appeal, and all intendments and presumptions are indulged in favor of its correctness.” (In re Marriage of Arceneaux (1990) 51 Cal.3d 1130, 1133 ; Cahill v. San Diego Gas & Electric 4 Co. (2011) 194 Cal.App.4th 939, 956 .) An appellant must affirmatively establish error by an adequate record. | 5 | 2022–2026 |
Null v. City of Los Angeles
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2 sentences2016(Null v. City of Los Angeles, supra, 206 Cal.App.3d at p. 1532 ; Rossiter v. Benoit, supra, 88 Cal.App.3d at p. 712 .) An appellant must affirmatively establish error by an adequate record. 2015(Null v. City of Los Angeles, supra, 206 Cal.App.3d at p. 1532 ; Rossiter v. Benoit, supra, 88 Cal.App.3d at p. 712 .) An appellant must affirmatively establish error by an adequate record. | 4 | 2015–2023 |
Foust v. San Jose Construction Co.
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2 sentences2023(Jameson v. Desta (2018) 5 Cal.5th 594, 609 ; Foust v. San Jose Construction Co., Inc. (2011) 198 Cal.App.4th 181, 187 ; Null v. City of Los Angeles (1988) 206 Cal.App.3d 1528, 1532 .) In the absence of a proper record on appeal, the appealable judgment or order is presumed correct and must be affirmed. 2022(Jameson v. Desta (2018) 5 Cal.5th 594, 609 ; Foust v. San Jose Construction Co., Inc. (2011) 198 Cal.App.4th 181, 187 ; Null v. City of Los Angeles (1988) 206 Cal.App.3d 1528, 1532 .) In the absence of a proper record on appeal, the appealable judgment or order is presumed correct and must be affirmed. | 4 | 2015–2023 |
Osgood v. Landon
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2 sentences2016(Foust v. San Jose Const. Co., Inc., supra, 198 Cal.App.4th at p. 187 ; Osgood v. Landon (2005) 127 Cal.App.4th 425, 435 ; Park Place Estates Homeowners Assn. v. Naber (1994) 29 Cal.App.4th 427, 433 ; Null v. City of Los Angeles, supra, 206 Cal.App.3d at p. 1532 .) In other words, it is an appellant’s burden to provide an adequate record on appeal. 2015(Foust v. San Jose Const. Co., Inc., supra, 198 Cal.App.4th at p. 187 ; Osgood v. Landon (2005) 127 Cal.App.4th 425, 435 ; Park Place Estates Homeowners Assn. v. Naber (1994) 29 Cal.App.4th 427, 433 ; 4 Null v. City of Los Angeles, supra, 206 Cal.App.3d at p. 1532 .) In other words, it is an appellant’s burden to provide an adequate record on appeal. | 3 | 2015–2016 |
Denham v. Superior Court
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2 sentences2026(Jameson v. Desta (2018) 5 Cal.5th 594, 608-609 ; Denham v. Superior Court (1970) 2 Cal.3d 557, 564 .) The reviewing court indulges all intendments and presumptions to support the judgment, and the appellant must affirmatively establish error. 2024(Jameson v. Desta (2018) 5 Cal.5th 594, 608-609 ; Denham v. Superior Court (1970) 2 Cal.3d 557, 564 .) All intendments and presumptions are indulged to support the trial court’s order on matters as to which the record is silent, and the appellant must affirmatively establish error. | 2 | 2024–2026 |
Park Place Estates Homeowners Assn. v. Naber
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2 sentences2016(Foust v. San Jose Const. Co., Inc., supra, 198 Cal.App.4th at p. 187 ; Osgood v. Landon (2005) 127 Cal.App.4th 425, 435 ; Park Place Estates Homeowners Assn. v. Naber (1994) 29 Cal.App.4th 427, 433 ; Null v. City of Los Angeles, supra, 206 Cal.App.3d at p. 1532 .) In other words, it is an appellant’s burden to provide an adequate record on appeal. 2015(Foust v. San Jose Const. Co., Inc., supra, 198 Cal.App.4th at p. 187 ; Osgood v. Landon (2005) 127 Cal.App.4th 425, 435 ; Park Place Estates Homeowners Assn. v. Naber (1994) 29 Cal.App.4th 427, 433 ; 4 Null v. City of Los Angeles, supra, 206 Cal.App.3d at p. 1532 .) In other words, it is an appellant’s burden to provide an adequate record on appeal. | 2 | 2015–2016 |
Rossiter v. Benoit
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2 sentences2016(Null v. City of Los Angeles, supra, 206 Cal.App.3d at p. 1532 ; Rossiter v. Benoit, supra, 88 Cal.App.3d at p. 712 .) An appellant must affirmatively establish error by an adequate record. 2015(Null v. City of Los Angeles, supra, 206 Cal.App.3d at p. 1532 ; Rossiter v. Benoit, supra, 88 Cal.App.3d at p. 712 .) An appellant must affirmatively establish error by an adequate record. | 2 | 2015–2016 |
Property Reserve, Inc. v. Superior Court of San Joaquin County
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1 sentence2026(Denham, at p. 564; Hanna v. Mercedes-Benz USA, LLC (2019) 36 Cal.App.5th 493, 512 .) “‘“To prevail on appeal, an appellant 10 must establish both error and prejudice from that error.”’” (Audish v. Macias (2024) 102 Cal.App.5th 740 , 751.) “‘[W]e cannot presume prejudice and will not reverse the judgment in the absence of an affirmative showing there was a miscarriage of justice. [Citation.] Nor will this court act as counsel for appellant by furnishing a legal argument as to how the trial court’s ruling was prejudicial.’” (Property Reserve, Inc. v. Superior Court (2016) 6 Cal.App.5th 1007, 10 | 1 | 2026–2026 |
Hanna v. Mercedes-Benz USA, LLC
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1 sentence2026(Denham, at p. 564; Hanna v. Mercedes-Benz USA, LLC (2019) 36 Cal.App.5th 493, 512 .) “‘“To prevail on appeal, an appellant 10 must establish both error and prejudice from that error.”’” (Audish v. Macias (2024) 102 Cal.App.5th 740 , 751.) “‘[W]e cannot presume prejudice and will not reverse the judgment in the absence of an affirmative showing there was a miscarriage of justice. [Citation.] Nor will this court act as counsel for appellant by furnishing a legal argument as to how the trial court’s ruling was prejudicial.’” (Property Reserve, Inc. v. Superior Court (2016) 6 Cal.App.5th 1007, 10 | 1 | 2026–2026 |
Keyes v. Bowen
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1 sentence2024(Denham, at p. 564.) “Mere suggestions of error without supporting argument or authority other than general abstract principles do not properly present grounds for appellate review.” (Department of Alcoholic Beverage Control v. Alcoholic Beverage Control Appeals Bd. (2002) 100 Cal.App.4th 1066, 1078 .) “ ‘[O]ne cannot simply say the court erred, and leave it up to the appellate court to figure out why.’ ” (People v. JTH Tax, Inc. (2013) 212 Cal.App.4th 1219, 1237 .) An appellant has the burden to establish error “by presenting legal authority on each point made and factual analysis, supported | 1 | 2024–2024 |
Department of Alcoholic Beverage Control v. Alcoholic Beverage Control Appeals Board
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1 sentence2024(Denham, at p. 564.) “Mere suggestions of error without supporting argument or authority other than general abstract principles do not properly present grounds for appellate review.” (Department of Alcoholic Beverage Control v. Alcoholic Beverage Control Appeals Bd. (2002) 100 Cal.App.4th 1066, 1078 .) “ ‘[O]ne cannot simply say the court erred, and leave it up to the appellate court to figure out why.’ ” (People v. JTH Tax, Inc. (2013) 212 Cal.App.4th 1219, 1237 .) An appellant has the burden to establish error “by presenting legal authority on each point made and factual analysis, supported | 1 | 2024–2024 |
People v. JTH Tax, Inc.
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1 sentence2024(Denham, at p. 564.) “Mere suggestions of error without supporting argument or authority other than general abstract principles do not properly present grounds for appellate review.” (Department of Alcoholic Beverage Control v. Alcoholic Beverage Control Appeals Bd. (2002) 100 Cal.App.4th 1066, 1078 .) “ ‘[O]ne cannot simply say the court erred, and leave it up to the appellate court to figure out why.’ ” (People v. JTH Tax, Inc. (2013) 212 Cal.App.4th 1219, 1237 .) An appellant has the burden to establish error “by presenting legal authority on each point made and factual analysis, supported | 1 | 2024–2024 |
Ballard v. Uribe
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1 sentence2015(Ballard v. Uribe (1986) 41 Cal.3d 564, 574-575 ; Osgood v. Landon (2005) 127 Cal.App.4th 425, 435 .) In dismissing Volis’s petition as moot, the trial court apparently relied on a showing by the Housing Authority that Volis had moved out of the apartment in question, that the unit had been removed from the Section 8 program, and that Volis’s participation in the Section 8 program was terminated after he declined to use his housing voucher to obtain alternative accommodations. | 1 | 2015–2015 |