burden to demonstrate error in California

2024(Gee v. American Realty & Construction, Inc. (2002) 99 Cal.App.4th 1412, 1416 [appellant has the burden to demonstrate error and overcome the presumption of correctness].) To show error, Rockstar was required to provide an adequate record: the motion papers, any opposition, relevant pleadings, reporter’s transcripts, and the orders.

2022(See Gee v. American Realty & Construction, Inc. (2002) 99 Cal.App.4th 1412, 1416 (Gee) [“ ‘[I]f the record is inadequate for meaningful review, the appellant defaults and the decision of the trial court should be affirmed’ ”].) The failure to provide this court with an adequate record not only fails to satisfy an appellant’s burden to demonstrate error, but also precludes review of any asserted error.

2023(Keyes v. Bowen (2010) 189 Cal.App.4th 647, 656 [the appellant has the burden to demonstrate error “by presenting legal authority on each point made and factual analysis, supported by appropriate citations to the material facts in the record; otherwise, the argument may be deemed forfeited”].) In any event, we have reviewed the entire record and are convinced that defendant’s substantial rights were not affected by the asserted instructional error because it is not reasonably probable he would have obtained a more favorable result if the trial court had not given the challenged instruction.

2017As the appellant, however, Julian has the burden to demonstrate error by “ ‘presenting legal authority on each point made and factual analysis, supported by appropriate citations to the material facts in the record; otherwise, the argument may be deemed *391 forfeited.’ ” (Salehi v. Surfside III Condominium Owners Assn. (2011) 200 Cal.App.4th 1146, 1161-1162 [ 132 Cal.Rptr.3d 886 ]; accord, Keyes v. Bowen (2010) 189 Cal.App.4th 647, 655-656 [ 117 Cal.Rptr.3d 207 ].) Julian may not simply “ ‘incorporate by reference arguments made in papers filed in the trial court, rather than briefing them on

2024(Denham v. Superior Court (1970) 2 Cal.3d 557, 564 .) The party challenging a judgment or order has the burden to demonstrate error occurred.

2022It is a fundamental rule of appellate review that the reviewing court presumes the challenged decision is correct. “ ‘All intendments and presumptions are indulged to support it on matters as to which the record is silent . . . .’ ” (Denham v. Superior Court of Los Angeles County (1970) 2 Cal.3d 557, 564 .) The appellant, moreover, bears the burden to demonstrate error affirmatively and show the error was prejudicial.

2022(Denham v. Superior Court (1970) 2 Cal.3d 557, 564 .) In the absence of a reporter’s transcript “ ‘[w]e must therefore presume that what occurred at that hearing supports the judgment.’ ” (In re Marriage of Obrecht (2016) 245 Cal.App.4th 1, 9 (Obrecht); see also State Farm Fire & Casualty Co. v. Pietak (2001) 90 Cal.App.4th 600, 610 [presuming order denying motion for relief under § 473 “based on any rationale supported by the record” in the absence of a reporter’s transcript].) 1.

2015(State Farm Fire & Casualty Co. v. Pietak (2001) 90 Cal.App.4th 600, 610 [it is the appellant’s burden to demonstrate error].) 2.

2022(See Estate of Fain (1999) 75 Cal.App.4th 973, 992 (Fain); Jade Fashion & Co., Inc. v. Harkham Industries, Inc. (2014) 229 Cal.App.4th 635, 644 (Jade Fashion) [“Where the appellant fails to provide an adequate record of the challenged proceedings, we must presume that the appealed judgment or order is correct, and on that basis, affirm.”].) Since we are unable to review the referenced evidence, we cannot determine whether the trial court erred and must assume it decided correctly.5 5 In their reply brief, Plaintiffs claim without detail or explanation that “[t]he manner in which [BART] filed i

2015(See Estate of Fain (1999) 75 Cal.App.4th 973, 992 [appellant who supplies no reporter’s transcript is precluded from challenging sufficiency of the evidence]; In re Angel L. (2008) 159 Cal.App.4th 1127 , 1136–1137 [court presumes evidence supports judgment when record of pertinent oral proceedings is not provided].) Inadequacy of the record may warrant dismissal of an appeal.

2017As the appellant, however, Julian has the burden to demonstrate error by “ ‘presenting legal authority on each point made and factual analysis, supported by appropriate citations to the material facts in the record; otherwise, the argument may be deemed *391 forfeited.’ ” (Salehi v. Surfside III Condominium Owners Assn. (2011) 200 Cal.App.4th 1146, 1161-1162 [ 132 Cal.Rptr.3d 886 ]; accord, Keyes v. Bowen (2010) 189 Cal.App.4th 647, 655-656 [ 117 Cal.Rptr.3d 207 ].) Julian may not simply “ ‘incorporate by reference arguments made in papers filed in the trial court, rather than briefing them on

2017As the appellant, however, Julian has the burden to demonstrate error by “ ‘presenting legal authority on each point made and factual analysis, supported by appropriate citations to the material facts in the record; otherwise, the argument may be deemed *391 forfeited.’ ” (Salehi v. Surfside III Condominium Owners Assn. (2011) 200 Cal.App.4th 1146, 1161-1162 [ 132 Cal.Rptr.3d 886 ]; accord, Keyes v. Bowen (2010) 189 Cal.App.4th 647, 655-656 [ 117 Cal.Rptr.3d 207 ].) Julian may not simply “ ‘incorporate by reference arguments made in papers filed in the trial court, rather than briefing them on

2017As the appellant, however, Julian has the burden to demonstrate error by “ ‘presenting legal authority on each point made and factual analysis, supported by appropriate citations to the material facts in the record; otherwise, the argument may be deemed *391 forfeited.’ ” (Salehi v. Surfside III Condominium Owners Assn. (2011) 200 Cal.App.4th 1146, 1161-1162 [ 132 Cal.Rptr.3d 886 ]; accord, Keyes v. Bowen (2010) 189 Cal.App.4th 647, 655-656 [ 117 Cal.Rptr.3d 207 ].) Julian may not simply “ ‘incorporate by reference arguments made in papers filed in the trial court, rather than briefing them on

2017As the appellant, however, Julian has the burden to demonstrate error by “ ‘presenting legal authority on each point made and factual analysis, supported by appropriate citations to the material facts in the record; otherwise, the argument may be deemed *391 forfeited.’ ” (Salehi v. Surfside III Condominium Owners Assn. (2011) 200 Cal.App.4th 1146, 1161-1162 [ 132 Cal.Rptr.3d 886 ]; accord, Keyes v. Bowen (2010) 189 Cal.App.4th 647, 655-656 [ 117 Cal.Rptr.3d 207 ].) Julian may not simply “ ‘incorporate by reference arguments made in papers filed in the trial court, rather than briefing them on

2020(In re Marriage of Arceneaux (1990) 51 Cal.3d 1130, 1133 .) An appellant has the burden to demonstrate error.

2020(In re Marriage of Arceneaux (1990) 51 Cal.3d 1130, 1133 .) An appellant has the burden to demonstrate error.

2022The law governing an appellant’s burden to demonstrate error “As with any civil appeal, we must presume the [order] is correct, indulge every intendment and presumption in favor of its correctness, and start with the presumption that the record contains evidence sufficient to support the [order].” (Steele v. Youthful Offender Parole Bd. (2008) 162 Cal.App.4th 1241, 1251 .) “An appellant has the burden to overcome the 13 presumption of correctness and show prejudicial error.” (Silva v. See’s Candy Shops, Inc. (2016) 7 Cal.App.5th 235, 260 .) An appellant also has the burden of ensuring that an

2021A. The law governing an appellant’s burden to demonstrate error “As with any civil appeal, we must presume the [order] is correct, indulge every intendment and presumption in favor of its correctness, and start with the presumption that the record contains evidence sufficient to support the [order].” (Steele v. Youthful Offender Parole Bd. (2008) 162 Cal.App.4th 1241, 1251 (Steele).) “An appellant has the burden to overcome the presumption of correctness and show prejudicial error.” (Silva v. See’s Candy Shops, Inc. (2016) 7 Cal.App.5th 235, 260 .) An appellant also has the burden of ensuring

2022The law governing an appellant’s burden to demonstrate error “As with any civil appeal, we must presume the [order] is correct, indulge every intendment and presumption in favor of its correctness, and start with the presumption that the record contains evidence sufficient to support the [order].” (Steele v. Youthful Offender Parole Bd. (2008) 162 Cal.App.4th 1241, 1251 .) “An appellant has the burden to overcome the 13 presumption of correctness and show prejudicial error.” (Silva v. See’s Candy Shops, Inc. (2016) 7 Cal.App.5th 235, 260 .) An appellant also has the burden of ensuring that an

2021A. The law governing an appellant’s burden to demonstrate error “As with any civil appeal, we must presume the [order] is correct, indulge every intendment and presumption in favor of its correctness, and start with the presumption that the record contains evidence sufficient to support the [order].” (Steele v. Youthful Offender Parole Bd. (2008) 162 Cal.App.4th 1241, 1251 (Steele).) “An appellant has the burden to overcome the presumption of correctness and show prejudicial error.” (Silva v. See’s Candy Shops, Inc. (2016) 7 Cal.App.5th 235, 260 .) An appellant also has the burden of ensuring

2017As the appellant, however, Julian has the burden to demonstrate error by “ ‘presenting legal authority on each point made and factual analysis, supported by appropriate citations to the material facts in the record; otherwise, the argument may be deemed *391 forfeited.’ ” (Salehi v. Surfside III Condominium Owners Assn. (2011) 200 Cal.App.4th 1146, 1161-1162 [ 132 Cal.Rptr.3d 886 ]; accord, Keyes v. Bowen (2010) 189 Cal.App.4th 647, 655-656 [ 117 Cal.Rptr.3d 207 ].) Julian may not simply “ ‘incorporate by reference arguments made in papers filed in the trial court, rather than briefing them on

2017As the appellant, however, Julian has the burden to demonstrate error by “ ‘presenting legal authority on each point made and factual analysis, supported by appropriate citations to the material facts in the record; otherwise, the argument may be deemed *391 forfeited.’ ” (Salehi v. Surfside III Condominium Owners Assn. (2011) 200 Cal.App.4th 1146, 1161-1162 [ 132 Cal.Rptr.3d 886 ]; accord, Keyes v. Bowen (2010) 189 Cal.App.4th 647, 655-656 [ 117 Cal.Rptr.3d 207 ].) Julian may not simply “ ‘incorporate by reference arguments made in papers filed in the trial court, rather than briefing them on

2025(United Grand Corp. v. Malibu Hillbillies, LLC (2019) 36 Cal.App.5th 142, 161 .) We are not required to “scour the record unguided.” (City of Santa Maria v. Adam (2012) 211 Cal.App.4th 1 Further undesignated section references are to the Penal Code. 3 266, 287.) Nor are we obliged to make arguments for an appellant or “speculate about which issues counsel intend to raise.” (Opdyk v. California Horse Racing Bd. (1995) 34 Cal.App.4th 1826, 1830, fn. 4 .) We may and do “disregard conclusory arguments that are not supported by pertinent legal authority or fail to disclose the reasoning by which th

2025(See People v. 3 Giordano (2007) 42 Cal.4th 644, 666, 667 .) He failed to do so and failed to demonstrate the court’s balancing was so irrational or arbitrary that no reasonable person could agree with it.

2024It is the appellant’s burden to demonstrate error, and “[p]oints ‘perfunctorily asserted without argument [or legal authority] in support’ are not properly raised.” (People v. Williams (1997) 16 Cal.4th 153, 206 ; see also People v. Jones (1998) 17 Cal.4th 279, 304 [“[the defendant] presents this claim perfunctorily and without supporting argument, and we reject it in similar fashion”].) Guillen’s entire argument consists of the assertions that we quoted above.