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53 California opinions name it 2 courts 1896–2026 21 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 sentences2026(Denham v. Superior Court (1970) 2 Cal.3d 557, 564 [orders and judgments are presumed correct, and the appellant must affirmatively show error].) Rather, they have forfeited any challenge to the trial court’s determination that RMHP has an implied easement for use of the access road. 2021(See Denham v. Superior Court (1970) 2 Cal.3d 557, 564 [a lower court’s judgment is presumed correct and the appellant must affirmatively show error]; Inyo Citizens for Better Planning v. Inyo County Bd. of Supervisors (2009) 180 Cal.App.4th 1, 14 [Courts of Appeal “do not serve as ‘backup appellate counsel’ ”].) IV. | 4 | 21 |
Foust v. San Jose Construction Co.green2 sentences2013James timely appealed. 5 II DISCUSSION A. James’s Burden to Provide an Adequate Record and Affirmatively Establish Trial Court Error “A fundamental principle of appellate law is the judgment or order of the lower court is presumed correct and the appellant must affirmatively show error by an adequate record.” (Parker v. Harbert (2012) 212 Cal.App.4th 1172, 1178 .) “‘In the absence of a contrary showing in the record, all presumptions in favor of the trial court’s action will be made by the appellate court. “[I]f any matters could have been presented to the court below which would have authoriz 2013(Ibid.) In order to do so, the appellant must provide the reviewing court with “an adequate record to assess error.” (Maria P. v. Riles (1987) 43 Cal.3d 1281, 1295 ; accord, In re Kathy P. (1979) 25 Cal.3d 91, 102 ; 9 Witkin, Cal. Procedure, supra, Appeal, § 628, p. 704 [“The appellant must affirmatively show error by an adequate record.”].) Where an appellant fails to furnish an adequate record, his or her claim “must be resolved against them.” (Maria P., at p. 1296; accord, Foust v. San Jose Construction Co., Inc. (2011) 198 Cal.App.4th 181, 187 [“„Failure to provide an adequate record on an | 2 | 3 |
Inyo Citizens for Better Planning v. Inyo County Board of Supervisorsgreen2 sentences2021(See Denham v. Superior Court (1970) 2 Cal.3d 557, 564 [a lower court’s judgment is presumed correct and the appellant must affirmatively show error]; Inyo Citizens for Better Planning v. Inyo County Bd. of Supervisors (2009) 180 Cal.App.4th 1, 14 [Courts of Appeal “do not serve as ‘backup appellate counsel’ ”].) IV. 2021(See Denham v. Superior Court (1970) 2 Cal.3d 557, 564 [a lower court’s judgment is presumed correct and the appellant must affirmatively show error]; Inyo Citizens for Better Planning v. Inyo County Bd. of Supervisors (2009) 180 Cal.App.4th 1, 14 [Courts of Appeal “do not serve as ‘backup appellate counsel’ ”].) IV. | 2 | 2 |
Erikson v. Sullivangreen2 sentences1992If there was any clear and sufficient finding on which a judgment could rest, it would be presumed in favor of the judgment that the trier of fact did rely on it, and inconsistencies or the insufficiency of other findings are disregarded. ( Brewer v. Simpson (1960) 53 Cal.2d 567, 583, 584 [ 2 Cal. Rptr. 609 , 349 P.2d 289 ]; see also 9 Witkin, Cal. Procedure, op. cit. supra, Appeal, § 268, pp. 276-277.) Moreover, on appeal, the appellant must affirmatively show error by an adequate record. ( Erikson v. Sullivan (1947) 81 Cal. App.2d 790, 791 [ 185 P.2d 31 ]; 9 Witkin Cal. Procedure, op. cit. s 1992If there was any clear and sufficient finding on which a judgment could rest, it would be presumed in favor of the judgment that the trier of fact did rely on it, and inconsistencies or the insufficiency of other findings are disregarded. ( Brewer v. Simpson (1960) 53 Cal.2d 567, 583, 584 [ 2 Cal. Rptr. 609 , 349 P.2d 289 ]; see also 9 Witkin, Cal. Procedure, op. cit. supra, Appeal, § 268, pp. 276-277.) Moreover, on appeal, the appellant must affirmatively show error by an adequate record. ( Erikson v. Sullivan (1947) 81 Cal. App.2d 790, 791 [ 185 P.2d 31 ]; 9 Witkin Cal. Procedure, op. cit. s | 2 | 2 |
People v. Giordanogreen2 sentences2024(People v. Giordano (2007) 42 Cal.4th 644, 663 (Giordano).) We presume the judgment is correct, and to set it aside an appellant must affirmatively show error. 2021(Giordano, supra, 42 Cal.4th at p. 663 .) We presume the judgment correct, and to set it aside an appellant must affirmatively show error. | 1 | 3 |
Bianco v. California Highway Patrolgreen2 sentences2013(Bianco v. California Highway Patrol (1994) 24 Cal.App.4th 1113, 1125 .) This includes a requirement that each factual allegation be supported by a reference to the exact page where such a fact may be found. 2012(Bianco v. California Highway Patrol (1994) 24 Cal.App.4th 1113, 1125 [ 29 Cal.Rptr.2d 711 ].) “It was [Harbert’s] responsibility to include the reporter’s transcript” of the 13-day trial, but he elected not to designate an adequate record for this court to evaluate his claim of error regarding the sufficiency of the evidence. | 1 | 2 |
Cahill v. San Diego Gas & Electric Co.green1 sentence2026(Cahill v. San Diego Gas & Electric Co. (2011) 194 Cal.App.4th 939, 956 [“ ‘Appellate briefs must provide argument and legal authority for the positions taken. | 1 | 1 |
Nally v. Grace Community Churchgreen2 sentences2026(Nally v. Grace Community Church (1988) 47 Cal.3d 278, 291 (Nally).) We presume a judgment is correct, and the appellant must affirmatively show error. 2026(Denham v. Superior Court (1970) 2 Cal.3d 557, 564 .) Although nonsuit is generally disfavored at the opening statement stage of a trial, a defendant is entitled to a nonsuit if the court determines as a matter of law that the “plaintiff cannot establish an essential element of its cause of action or has inadvertently established uncontrovertible proof of an affirmative defense.” (Abeyta v. Superior Court (1993) 17 Cal.App.4th 1037, 1041 ; see also Nally, supra, 47 Cal.3d at p. 291 .) The court “must accept all facts asserted in the opening statement as true and must indulge every legitimate i | 1 | 1 |
Ball v. FleetBoston Financial Corp.green2 sentences2017(Branick v. Downey Savings & Loan Assn. (2006) 39 Cal.4th 235, 242 [ 46 Cal.Rptr.3d 66 , 138 P.3d 214 ].)” (Ball v. FleetBoston Financial Corp. (2008) 164 Cal.App.4th 794, 797 [ 79 Cal.Rptr.3d 402 ].) We never presume error; an appellant must affirmatively show error by an adequate record. 2017(Branick v. Downey Savings & Loan Assn. (2006) 39 Cal.4th 235, 242 [ 46 Cal.Rptr.3d 66 , 138 P.3d 214 ].)” (Ball v. FleetBoston Financial Corp. (2008) 164 Cal.App.4th 794, 797 [ 79 Cal.Rptr.3d 402 ].) We never presume error; an appellant must affirmatively show error by an adequate record. | 1 | 1 |
Jonathan Vo v. Las Virgenes Municipal Water Districtgreen2 sentences2017(Vo v. Las Virgenes Municipal Water Dist. (2000) 79 Cal.App.4th 440, 447 [ 94 Cal.Rptr.2d 143 ].) In the absence of a proper record on appeal, the trial court’s ruling is presumed correct and must be affirmed. 2017(Vo v. Las Virgenes Municipal Water Dist. (2000) 79 Cal.App.4th 440, 447 [ 94 Cal.Rptr.2d 143 ].) In the absence of a proper record on appeal, the trial court’s ruling is presumed correct and must be affirmed. | 1 | 1 |
Branick v. Downey Savings & Loan Ass'ngreen2 sentences2017(Branick v. Downey Savings & Loan Assn. (2006) 39 Cal.4th 235, 242 [ 46 Cal.Rptr.3d 66 , 138 P.3d 214 ].)” (Ball v. FleetBoston Financial Corp. (2008) 164 Cal.App.4th 794, 797 [ 79 Cal.Rptr.3d 402 ].) We never presume error; an appellant must affirmatively show error by an adequate record. 2017(Branick v. Downey Savings & Loan Assn. (2006) 39 Cal.4th 235, 242 [ 46 Cal.Rptr.3d 66 , 138 P.3d 214 ].)” (Ball v. FleetBoston Financial Corp. (2008) 164 Cal.App.4th 794, 797 [ 79 Cal.Rptr.3d 402 ].) We never presume error; an appellant must affirmatively show error by an adequate record. | 1 | 1 |
| Paterno v. Stategreen | 1 | 1 |
| Badie v. Bank of Americagreen | 1 | 1 |
| Nielsen v. Gibsongreen | 1 | 1 |
| People v. Kathy P.green | 1 | 1 |
| AVANT! CORP. v. Superior Courtgreen | 1 | 1 |
| Kearl v. Board of Medical Quality Assurancegreen | 1 | 1 |
| Null v. City of Los Angelesgreen | 1 | 1 |
| Rossiter v. Benoitgreen | 1 | 1 |
| Brewer v. Simpsongreen | 1 | 1 |
| Devlin v. Kearny Mesa AMC/Jeep/Renault, Inc.green | 1 | 1 |
| Lipka v. Lipkagreen | 1 | 1 |
| Calhoun v. Hildebrandtgreen | 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 SC
green
2 sentences2026(Denham v. Superior Court (1970) 2 Cal.3d 557, 564 .) “To demonstrate error, appellant must present meaningful legal analysis supported by citations to authority and citations to facts in the record that support the claim of error. [Citations.] When a point is asserted without argument and authority for the proposition, 3 ‘it is deemed to be without foundation and requires no discussion by the reviewing court.’ [Citations.] Hence, conclusory claims of error will fail.” (In re S.C. (2006) 138 Cal.App.4th 396, 408 .) The appellant must provide an adequate record to demonstrate error. 2025(Denham v. Superior Court (1970) 2 Cal.3d 557, 564 .) “To demonstrate error, appellant must present 5 meaningful legal analysis supported by citations to authority and citations to facts in the record that support the claim of error. [Citations.] When a point is asserted without argument and authority for the proposition, ‘it is deemed to be without foundation and requires no discussion by the reviewing court.’ [Citations.] Hence, conclusory claims of error will fail.” (In re S.C. (2006) 138 Cal.App.4th 396, 408 .) Moreover, any arguments raised or only supported by authority on reply have bee | 9 | 2014–2026 |
Parker v. Harbert
green
2 sentences2016(Foreman & Clark Corp. v. Fallon (1971) 3 Cal.3d 875, 881 .) "A fundamental principle of appellate law is the judgment or order of the lower court is presumed correct and the appellant must affirmatively show error by an adequate record." (Parker v. Harbert (2012) 212 Cal.App.4th 1172, 1178 .) As the party with the burden to show error, Schwartz must establish no substantial evidence supports the court's finding that he waived the bond requirement. 2014“A fundamental principle of appellate law is the judgment or order of the lower court is presumed correct and the appellant must affirmatively show error by an adequate record.” (Parker v. Harbert (2012) 212 Cal.App.4th 1172, 1178 .) We indulge all intendments and presumptions to support the lower court’s order on all matters on which the record is silent. | 3 | 2013–2016 |
Santina v. General Petroleum Corp.
green
2 sentences2016To affirmatively show that error occurred, an “appellant must present meaningful legal analysis supported by citations to authority and citations to facts in the record that support the claim of error. [Citations.] . . . [Citations.] . . . [C]onclusory claims of error will fail.” (In re S.C. (2006) 138 Cal.App.4th 396, 408 .) In other words, it is simply not sufficient for an “appellant to point to the error and rest there.” (Santina v. General Petroleum Corp. (1940) 41 Cal.App.2d 74, 77 .) Sun has not met his burden on appeal. 2014(Ibid.) To affirmatively show that error occurred, an “appellant must present meaningful legal analysis supported by citations to authority and citations to facts in the record that support the claim of error. [Citations.] . . . [C]onclusory claims of error will fail.” (In re S.C. (2006) 138 Cal.App.4th 396, 408 .) In other words, it is simply not sufficient for an “appellant to point to the error and rest there.” (Santina v. General Petroleum Corp. (1940) 41 Cal.App.2d 74, 77 .) It is Brumleve’s burden to convince us that the lower court’s decision was fraught with reversible error, by reciti | 2 | 2014–2016 |
People v. JTH Tax, Inc.
green
2 sentences2015(People v. JTH Tax, Inc. (2013) 212 Cal.App.4th 1219, 1259 ; Godfrey v. Oakland Port Services Corp. (2014) 230 Cal.App.4th 1267, 1283 .) “ ‘All 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. 2 The court explained in dicta that judgment “would be denied” on the contract cause of action because the cancellation was not communicated to Capstone until the fourth business day, and was therefore untimely under the contract’s terms. 4 Superior Court (1970) 2 Cal.3d 557, 564 ; Lister v. Bowen (20 2015(Hernandez v. California Hospital Medical Center (2000) 78 Cal.App.4th 498, 502 .) The trial court’s order is presumed correct (People v. JTH Tax, Inc. (2013) 212 Cal.App.4th 1219, 1259 ), and the appellant must affirmatively show error by an adequate record. | 2 | 2015–2015 |
Gonzalez v. Rebollo CA4/1
green
2 sentences2015(Gonzalez v. Rebollo (2014) 226 Cal.App.4th 969, 976 .) To demonstrate error, an appellant must present meaningful legal analysis supported by citations to authority and to facts in the record. 2015(Gonzalez v. Rebollo (2014) 226 Cal.App.4th 969, 976 .) To demonstrate error, an appellant must present meaningful legal analysis supported by citations to authority. | 2 | 2015–2015 |
Cates v. California Gambling Control Commission
green
2 sentences2014(Cates v. California Gaming Control Com. (2007) 154 Cal.App.4th 1302, 1312 .) Here, the critical issue is whether, and when, Dierickx was served with a copy of the default judgment. 2013Standard of Review In Cates v. California Gambling Control Com. (2007) 154 Cal.App.4th 1302 , (Cates) this court explained that "[i]t is well settled that an appellate court reviews the ruling of the trial court, not its rationale, and may affirm a trial court ruling on any proper basis presented by the record, whether or not relied upon by the trial court. [Citations.] We review a discovery order for an abuse of discretion and will affirm the ruling unless it falls outside the bounds of reason. [Citation.] This deferential standard of review requires us to uphold the trial court's determinati | 2 | 2013–2014 |
Jameson v. Desta
green
1 sentence2026(Jameson v. Desta (2018) 5 Cal.5th 594, 608-609 .) We indulge all intendments and presumptions to support it on matters as to which the record is silent, and an appellant must affirmatively show error. | 1 | 2026–2026 |
Abeyta v. SUPERIOR COURT OF LOS ANGELES CTY.
green
1 sentence2026(Denham v. Superior Court (1970) 2 Cal.3d 557, 564 .) Although nonsuit is generally disfavored at the opening statement stage of a trial, a defendant is entitled to a nonsuit if the court determines as a matter of law that the “plaintiff cannot establish an essential element of its cause of action or has inadvertently established uncontrovertible proof of an affirmative defense.” (Abeyta v. Superior Court (1993) 17 Cal.App.4th 1037, 1041 ; see also Nally, supra, 47 Cal.3d at p. 291 .) The court “must accept all facts asserted in the opening statement as true and must indulge every legitimate i | 1 | 2026–2026 |
In Re Marriage of Falcone & Fyke
green
1 sentence2025DISCUSSION On appeal, “[w]e presume the superior court’s order is correct, and the appellant must affirmatively show error.” (Billauer v. Escobar-Eck (2023) 88 Cal.App.5th 953 , 969.) “We are not bound to develop appellants’ arguments for them.” (In re Marriage of Falcone & Fyke (2008) 164 Cal.App.4th 814, 830 .) Richmond has not affirmatively shown the family court erred. | 1 | 2025–2025 |
Howard v. Thrifty Drug & Discount Stores
green
1 sentence2025(See Howard v. Thrifty Drug & Discount Stores (1995) 10 Cal.4th 424, 443 .) Addressing a trial court’s discretion to dismiss an action, the California Supreme Court explained, “Although a lower court is obliged to consider the relevant factors when ruling on a discretionary motion to dismiss, it is not compelled to state in written or oral form its reasons for granting a discretionary dismissal. . . . | 1 | 2025–2025 |
Eureka Citizens for Responsible Government v. City of Eureka
green
1 sentence2024We therefore have no way to discern what portion of that $900,000, if any, was attributable to Quibelle and, if so, based on what claim. “‘“‘Error is never presumed’”’” (IIG Wireless, Inc. v. Yi (2018) 22 Cal.App.5th 630, 639 .) “We presume the superior court’s order is correct, and the appellant must affirmatively show error.” (Billauer v. Escobar-Eck (2023) 88 Cal.App.5th 953 , 969.) “Failure to provide an adequate record concerning an issue challenged on appeal requires that the issue be resolved against the appellants.” (Eureka Citizens for Responsible Government v. City of Eureka (2007) 1 | 1 | 2024–2024 |
McComber v. Wells
green
1 sentence2024These rules of appellate procedure apply to Appellants even though they are ostensibly representing themselves on appeal.3 (McComber v. Wells (1999) 72 Cal.App.4th 512, 523 .) Orders and judgments are presumed to be correct, and the appellant must affirmatively show error. | 1 | 2024–2024 |
Southern California Gas Co. v. Flannery
green
1 sentence2024(Foust v. San Jose Construction Co., Inc. (2011) 198 Cal.App.4th 181 , 186–187.) “ ‘In the absence of a contrary showing in the record, all presumptions in favor of the 4 trial court’s action will be made by the appellate court. “[I]f any matters could have been presented to the court below which would have authorized the order complained of, it will be presumed that such matters were presented.” ’ [Citation.]” (Ibid.) “A reporter’s transcript may not be necessary if the appeal involves legal issues requiring de novo review. [Citation.] In many cases involving the substantial evidence or abuse | 1 | 2024–2024 |
Monster Energy Company v. Schechter
green
1 sentence2024Its inquiry is limited to whether the plaintiff has stated a legally sufficient claim and made a prima facie factual showing sufficient to sustain a favorable judgment.’ ” (Ibid.) “[A] plaintiff seeking to demonstrate the merit of the claim ‘may not rely solely on its complaint, even if verified; instead, its proof must be made upon competent admissible evidence.’ ” (Ibid.) “The grant or denial of an anti-SLAPP motion is reviewed de novo.” (Monster Energy Co. v. Schechter, supra, 7 Cal.5th at p. 788 .) Nonetheless, orders and judgments are presumed to be correct, and the appellant must affirma | 1 | 2024–2024 |
IIG Wireless, Inc. v. Yi
green
1 sentence2024We therefore have no way to discern what portion of that $900,000, if any, was attributable to Quibelle and, if so, based on what claim. “‘“‘Error is never presumed’”’” (IIG Wireless, Inc. v. Yi (2018) 22 Cal.App.5th 630, 639 .) “We presume the superior court’s order is correct, and the appellant must affirmatively show error.” (Billauer v. Escobar-Eck (2023) 88 Cal.App.5th 953 , 969.) “Failure to provide an adequate record concerning an issue challenged on appeal requires that the issue be resolved against the appellants.” (Eureka Citizens for Responsible Government v. City of Eureka (2007) 1 | 1 | 2024–2024 |
In re Marriage of Minkin
green
1 sentence2023(In re Marriage of Minkin (2017) 11 Cal.App.5th 939, 957 .) Here, Billauer merely implies the statement must be true because of a specific search warrant.5 However, he does not explain why the search warrant establishes that Escobar-Eck has a history of exerting improper influence with City officials. | 1 | 2023–2023 |
Baranchik v. Fizulich
green
1 sentence2022(Baranchik v. Fizulich (2017) 10 Cal.App.5th 1210, 1217 .) “We never presume error; an appellant must affirmatively show error by an adequate record.” (Ibid.) About three months before trial began, Sweeney filed a motion to amend his fourth amended cross-complaint to add a cause of action for fraud. | 1 | 2022–2022 |
Osgood v. Landon
green
1 sentence2020An appellant must affirmatively show error by an adequate record. “ ‘A necessary corollary to this rule [is] that a record is inadequate, and appellant defaults, if the appellant predicates error only on the part of the record he provides the trial court, but ignores or does not present to the appellate court portions of the proceedings below which may provide grounds upon which the decision of the trial court could be affirmed.’ ” (Osgood v. Landon (2005) 127 Cal.App.4th 425, 435 .) The transferee defendants complain that the trial court’s order does not explain how the court arrived at the d | 1 | 2020–2020 |
Foreman & Clark Corp. v. Fallon
green
1 sentence2016(Foreman & Clark Corp. v. Fallon (1971) 3 Cal.3d 875, 881 .) "A fundamental principle of appellate law is the judgment or order of the lower court is presumed correct and the appellant must affirmatively show error by an adequate record." (Parker v. Harbert (2012) 212 Cal.App.4th 1172, 1178 .) As the party with the burden to show error, Schwartz must establish no substantial evidence supports the court's finding that he waived the bond requirement. | 1 | 2016–2016 |
| Hernandez v. California Hospital Medical Center green | 1 | 2015–2015 |
| People v. Julian R. green | 1 | 2015–2015 |
| Lister v. Bowen CA1/2 green | 1 | 2015–2015 |
| Godfrey v. Oakland Port Services Corp. green | 1 | 2015–2015 |
| Oliveira v. Kiesler green | 1 | 2014–2014 |
| Cable Connection, Inc. v. DirecTV, Inc. green | 1 | 2014–2014 |
| Buckhart v. San Francisco Residential Rent Stabilization & Arbitration Board green | 1 | 2013–2013 |
| Hines v. Lukes green | 1 | 2013–2013 |
| Maria P. v. Riles green | 1 | 2013–2013 |
| Arruda v. Arruda green | 1 | 2003–2003 |
| Davis v. Thayer green | 1 | 2003–2003 |
| Lady v. Barrett green | 1 | 2003–2003 |
| Waite v. Waite neutral | 1 | 2003–2003 |
| Randall v. Allen green | 1 | 2003–2003 |
| People v. McAuslan neutral | 1 | 1910–1910 |
| People v. Douglass green | 1 | 1910–1910 |
| People v. Holmes green | 1 | 1910–1910 |
| People v. Russell green | 1 | 1910–1910 |
| Barron v. Frink green | 1 | 1896–1896 |
Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.