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10 California opinions name it 2 courts 1898–2026 3 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 |
|---|---|---|
Denham v. Superior Courtgreen2 sentences2023All intendments and presumptions are indulged to support it on matters as to which the record is silent and error must be affirmatively shown.” (Denham v. Superior Court (1970) 2 Cal.3d 557, 564 , original italics.) On May 23, 2022, the court had the following exchange: “THE COURT: Let me ask you a question. 1997(Denham v. Superior Court (1970) 2 Cal.3d 557, 564 [ 86 Cal.Rptr. 65 , 468 P.2d 193 ].) In this case the clerk’s minutes clearly indicate defendant waived his rights to formal arraignment and to formal hearing. | 1 | 2 |
Booth v. Robinsongreen2 sentences2026All intendments and presumptions are indulged to support it on matters as to which the record is silent and error must be affirmatively shown.” (Booth v. Robinson (1983) 147 Cal.App.3d 371, 377 (Booth).) “A corollary of the presumption of correctness is ‘ “the doctrine of implied findings,” ’ which requires ‘ “the reviewing court [to] infer, following a bench trial, that the trial court impliedly made every factual finding necessary to support its decision.” [Citation.]’ ” (County of Los Angeles v. Niblett (2025) 116 Cal.App.5th 454 , 463.) Therefore, where findings are not specifically made “ 2026All intendments and presumptions are indulged to support it on matters as to which the record is silent and error must be affirmatively shown.” (Booth v. Robinson (1983) 147 Cal.App.3d 371, 377 (Booth).) “A corollary of the presumption of correctness is ‘ “the doctrine of implied findings,” ’ which requires ‘ “the reviewing court [to] infer, following a bench trial, that the trial court impliedly made every factual finding necessary to support its decision.” [Citation.]’ ” (County of Los Angeles v. Niblett (2025) 116 Cal.App.5th 454 , 463.) Therefore, where findings are not specifically made “ | 1 | 1 |
Obrecht v. Obrechtgreen1 sentence2021(In re Marriage of Obrecht (2016) 245 Cal.App.4th 1, 8 [lower court’s order is presumed correct; all intendments and presumptions are indulged to support it on matters as to which the record is silent and error must be affirmatively shown].) On this limited record, we hold the evidence supports the conclusion that a change has affected father’s financial status (Usher, supra, 6 Cal.App.5th at p. 358 ), permitting the family court to order a downward modification of child support to the guideline amount. | 1 | 1 |
Walling v. Kimballgreen2 sentences1983(Walling v. Kimball (1941) 17 Cal.2d 364, 373 [ 110 P.2d 58 ].) Where findings are waived or otherwise not specifically made it is presumed that the court made such implied findings as will support the judgment. 1983(Walling v. Kimball (1941) 17 Cal.2d 364, 373 [ 110 P.2d 58 ].) Where findings are waived or otherwise not specifically made it is presumed that the court made such implied findings as will support the judgment. | 1 | 1 |
Lemelle v. Superior Courtgreen2 sentences1980(Lemelle v. Superior Court (1978) 77 Cal.App.3d 148, 156 [ 143 Cal.Rptr. 450 ].) Here there is no record produced which establishes that the basis of the trial court’s denial was the failure of the petitioner personally to produce an affidavit. 1980(Lemelle v. Superior Court (1978) 77 Cal.App.3d 148, 156 [ 143 Cal.Rptr. 450 ].) Here there is no record produced which establishes that the basis of the trial court’s denial was the failure of the petitioner personally to produce an affidavit. | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in California. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
In re Estate of Twombley
green
2 sentences1935In Estate of Twombley, 120 Cal. 350 [ 52 Pac. 815 ], this rule is announced : ‘ ‘ The rule in this respect is, that where the record recites that which was done nothing to the contrary may be presumed; but where the record is silent the presumption is that that was done which was requisite to sustain the jurisdiction.” This rule has been followed without deviation in all cases where its applicability is apparent. 1935In Estate of Twombley, 120 Cal. 350 [ 52 Pac. 815 ], this rule is announced : ‘ ‘ The rule in this respect is, that where the record recites that which was done nothing to the contrary may be presumed; but where the record is silent the presumption is that that was done which was requisite to sustain the jurisdiction.” This rule has been followed without deviation in all cases where its applicability is apparent. | 2 | 1907–1935 |
In re Marriage of Usher
green
1 sentence2021(In re Marriage of Obrecht (2016) 245 Cal.App.4th 1, 8 [lower court’s order is presumed correct; all intendments and presumptions are indulged to support it on matters as to which the record is silent and error must be affirmatively shown].) On this limited record, we hold the evidence supports the conclusion that a change has affected father’s financial status (Usher, supra, 6 Cal.App.5th at p. 358 ), permitting the family court to order a downward modification of child support to the guideline amount. | 1 | 2021–2021 |
People v. Malabag
green
1 sentence2014Because the trial court's judgment is presumed correct, "[a]ll intendments and presumptions are indulged to support it on matters as to which the record is silent and error must be affirmatively shown." (People v. Malabag (1997) 51 Cal.App.4th 1419, 1422 .) By merely pointing to a gap in the reporter's transcript, appellant fails to meet his burden of showing that the remaining counts against him were not dismissed. | 1 | 2014–2014 |
Sacramento Bank v. Montgomery
green
2 sentences1907At most, the record is silent on the question of whether such orders were made, and in the ease of a court of general jurisdiction, when a judgment “comes in question collaterally, service will be presumed when the record is silent.” (Van Fleet on Collateral Attack, sec. 830.) If, as contended by appellants, such orders form a part of the notice to which parties interested are entitled, the recitals in the order admitting the will to probate, that the petition came on regularly for hearing, and that notice had'been given “as required by law,” are sufficient to justify the presumption that such 1907At most, the record is silent on the question of whether such orders were made, and in the ease of a court of general jurisdiction, when a judgment “comes in question collaterally, service will be presumed when the record is silent.” (Van Fleet on Collateral Attack, sec. 830.) If, as contended by appellants, such orders form a part of the notice to which parties interested are entitled, the recitals in the order admitting the will to probate, that the petition came on regularly for hearing, and that notice had'been given “as required by law,” are sufficient to justify the presumption that such | 1 | 1907–1907 |
People v. Davis
green
2 sentences1907At most, the record is silent on the question of whether such orders were made, and in the ease of a court of general jurisdiction, when a judgment “comes in question collaterally, service will be presumed when the record is silent.” (Van Fleet on Collateral Attack, sec. 830.) If, as contended by appellants, such orders form a part of the notice to which parties interested are entitled, the recitals in the order admitting the will to probate, that the petition came on regularly for hearing, and that notice had'been given “as required by law,” are sufficient to justify the presumption that such 1907At most, the record is silent on the question of whether such orders were made, and in the ease of a court of general jurisdiction, when a judgment “comes in question collaterally, service will be presumed when the record is silent.” (Van Fleet on Collateral Attack, sec. 830.) If, as contended by appellants, such orders form a part of the notice to which parties interested are entitled, the recitals in the order admitting the will to probate, that the petition came on regularly for hearing, and that notice had'been given “as required by law,” are sufficient to justify the presumption that such | 1 | 1907–1907 |
Hahn v. Kelly
green
1 sentence1898(Hahn v. Kelly, 34 Cal. 391 ; 94 Am. | 1 | 1898–1898 |