implied findings by which the appellate doctrine (California) · Go Syfert
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implied findings by which the appellate doctrine in California

5 California opinions name it 1 courts 2008–2025 2 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.

Followed or applied (9)

CaseFollowedCited
Benach v. County of Los Angelesgreen
calctapp · 2007 · cited in 2 California opinions naming this issue, 2008–2023
2 sentences

2023(Benach v. County of Los Angeles (2007) 149 Cal.App.4th 836, 852 []; see generally 9 Witkin, Cal. Procedure (4th ed. 1997) Appeal, § 349, pp. 394–395.) Moreover, it is the appellant’s burden of providing a record that establishes error, and where the record is silent, we must indulge all intendments and presumptions to support the challenged ruling.” (Laabs v. City of Victorville (2008) 163 Cal.App.4th 1242, 1271 (Laabs).) “From these principles, courts have developed the doctrine of implied findings by which the appellate court is required to infer that the trial court made all factual findin

2008It is a fundamental principle of appellate review that we presume that a judgment or order is correct. ( Benach v. County of Los Angeles (2007) 149 Cal.App.4th 836, 852 [ 57 Cal.Rptr.3d 363 ]; see generally 9 Witkin, Cal. Procedure (4th ed. 1997) Appeal, § 349, pp. 394-395.) Moreover, it is the appellant's burden of providing a record that establishes error, and where the record is silent, we must indulge all intendments and presumptions to support the challenged ruling. ( Forrest v. Department of Corporations (2007) 150 Cal.App.4th 183, 194 [ 58 Cal.Rptr.3d 466 ]; Fladeboe v. American Isuzu M

22
Laabs v. City of Victorvillegreen
calctapp · 2008 · cited in 4 California opinions naming this issue, 2013–2025
2 sentences

2025(See Laabs v. City of Victorville (2008) 163 Cal.App.4th 1242 , 1271–1272 [“courts have developed the doctrine of implied findings by which the appellate court is required to infer that the trial court made all factual findings necessary to support the order or judgment”].) And although the trial court did not identify the specific evidence that supports the court’s finding, we conclude substantial evidence supports it.

2023(Benach v. County of Los Angeles (2007) 149 Cal.App.4th 836, 852 []; see generally 9 Witkin, Cal. Procedure (4th ed. 1997) Appeal, § 349, pp. 394–395.) Moreover, it is the appellant’s burden of providing a record that establishes error, and where the record is silent, we must indulge all intendments and presumptions to support the challenged ruling.” (Laabs v. City of Victorville (2008) 163 Cal.App.4th 1242, 1271 (Laabs).) “From these principles, courts have developed the doctrine of implied findings by which the appellate court is required to infer that the trial court made all factual findin

14
Federal Home Loan Mortgage Corp. v. La Conchita Ranch Co.green
calctapp · 1998 · cited in 1 California opinions naming this issue, 2023–2023
1 sentence

2023(Benach v. County of Los Angeles (2007) 149 Cal.App.4th 836, 852 []; see generally 9 Witkin, Cal. Procedure (4th ed. 1997) Appeal, § 349, pp. 394–395.) Moreover, it is the appellant’s burden of providing a record that establishes error, and where the record is silent, we must indulge all intendments and presumptions to support the challenged ruling.” (Laabs v. City of Victorville (2008) 163 Cal.App.4th 1242, 1271 (Laabs).) “From these principles, courts have developed the doctrine of implied findings by which the appellate court is required to infer that the trial court made all factual findin

11
Brooks v. American Broadcasting Co.green
calctapp · 1986 · cited in 1 California opinions naming this issue, 2013–2013
1 sentence

2013(Ibid.; Brooks v. American Broadcasting Co. (1986) 179 Cal.App.3d 500, 508 (Brooks).) 6 “It is a fundamental principle of appellate review that we presume that a judgment or order is correct. [Citations.] Moreover, it is the appellant’s burden of providing a record that establishes error, and where the record is silent, we must indulge all intendments and presumptions to support the challenged ruling. [Citations.] From these principles, courts have developed the doctrine of implied findings by which the appellate court is required to infer that the trial court made all factual findings necessa

11
Fladeboe v. American Isuzu Motors Inc.green
calctapp · 2007 · cited in 1 California opinions naming this issue, 2008–2008
2 sentences

2008(Forrest v. Department of Corporations (2007) 150 Cal.App.4th 183, 194 [ 58 Cal.Rptr.3d 466 ]; Fladeboe v. American Isuzu Motors, Inc. (2007) 150 Cal.App.4th 42, 58 [ 58 Cal.Rptr.3d 225 ].) From these principles, courts have developed the doctrine of implied findings by which the appellate court is required to infer that the trial court made all factual findings necessary to support the order or judgment.

2008(Forrest v. Department of Corporations (2007) 150 Cal.App.4th 183, 194 [ 58 Cal.Rptr.3d 466 ]; Fladeboe v. American Isuzu Motors, Inc. (2007) 150 Cal.App.4th 42, 58 [ 58 Cal.Rptr.3d 225 ].) From these principles, courts have developed the doctrine of implied findings by which the appellate court is required to infer that the trial court made all factual findings necessary to support the order or judgment.

11
Forrest v. Department of Corporationsgreen
calctapp · 2007 · cited in 1 California opinions naming this issue, 2008–2008
2 sentences

2008(Forrest v. Department of Corporations (2007) 150 Cal.App.4th 183, 194 [ 58 Cal.Rptr.3d 466 ]; Fladeboe v. American Isuzu Motors, Inc. (2007) 150 Cal.App.4th 42, 58 [ 58 Cal.Rptr.3d 225 ].) From these principles, courts have developed the doctrine of implied findings by which the appellate court is required to infer that the trial court made all factual findings necessary to support the order or judgment.

2008(Forrest v. Department of Corporations (2007) 150 Cal.App.4th 183, 194 [ 58 Cal.Rptr.3d 466 ]; Fladeboe v. American Isuzu Motors, Inc. (2007) 150 Cal.App.4th 42, 58 [ 58 Cal.Rptr.3d 225 ].) From these principles, courts have developed the doctrine of implied findings by which the appellate court is required to infer that the trial court made all factual findings necessary to support the order or judgment.

11
County of Orange v. BARRATT AMERICAN, INC.green
calctapp · 2007 · cited in 1 California opinions naming this issue, 2008–2008
2 sentences

2008It is a fundamental principle of appellate review that we presume that a judgment or order is correct. ( Benach v. County of Los Angeles (2007) 149 Cal.App.4th 836, 852 [ 57 Cal.Rptr.3d 363 ]; see generally 9 Witkin, Cal. Procedure (4th ed. 1997) Appeal, § 349, pp. 394-395.) Moreover, it is the appellant's burden of providing a record that establishes error, and where the record is silent, we must indulge all intendments and presumptions to support the challenged ruling. ( Forrest v. Department of Corporations (2007) 150 Cal.App.4th 183, 194 [ 58 Cal.Rptr.3d 466 ]; Fladeboe v. American Isuzu M

2008It is a fundamental principle of appellate review that we presume that a judgment or order is correct. ( Benach v. County of Los Angeles (2007) 149 Cal.App.4th 836, 852 [ 57 Cal.Rptr.3d 363 ]; see generally 9 Witkin, Cal. Procedure (4th ed. 1997) Appeal, § 349, pp. 394-395.) Moreover, it is the appellant's burden of providing a record that establishes error, and where the record is silent, we must indulge all intendments and presumptions to support the challenged ruling. ( Forrest v. Department of Corporations (2007) 150 Cal.App.4th 183, 194 [ 58 Cal.Rptr.3d 466 ]; Fladeboe v. American Isuzu M

11
Ermoian v. Desert Hospitalgreen
calctapp · 2007 · cited in 1 California opinions naming this issue, 2008–2008
2 sentences

2008It is a fundamental principle of appellate review that we presume that a judgment or order is correct. ( Benach v. County of Los Angeles (2007) 149 Cal.App.4th 836, 852 [ 57 Cal.Rptr.3d 363 ]; see generally 9 Witkin, Cal. Procedure (4th ed. 1997) Appeal, § 349, pp. 394-395.) Moreover, it is the appellant's burden of providing a record that establishes error, and where the record is silent, we must indulge all intendments and presumptions to support the challenged ruling. ( Forrest v. Department of Corporations (2007) 150 Cal.App.4th 183, 194 [ 58 Cal.Rptr.3d 466 ]; Fladeboe v. American Isuzu M

2008It is a fundamental principle of appellate review that we presume that a judgment or order is correct. ( Benach v. County of Los Angeles (2007) 149 Cal.App.4th 836, 852 [ 57 Cal.Rptr.3d 363 ]; see generally 9 Witkin, Cal. Procedure (4th ed. 1997) Appeal, § 349, pp. 394-395.) Moreover, it is the appellant's burden of providing a record that establishes error, and where the record is silent, we must indulge all intendments and presumptions to support the challenged ruling. ( Forrest v. Department of Corporations (2007) 150 Cal.App.4th 183, 194 [ 58 Cal.Rptr.3d 466 ]; Fladeboe v. American Isuzu M

11
In Re Marriage of Arceneauxgreen
cal · 1990 · cited in 1 California opinions naming this issue, 2008–2008
2 sentences

2008It is a fundamental principle of appellate review that we presume that a judgment or order is correct. ( Benach v. County of Los Angeles (2007) 149 Cal.App.4th 836, 852 [ 57 Cal.Rptr.3d 363 ]; see generally 9 Witkin, Cal. Procedure (4th ed. 1997) Appeal, § 349, pp. 394-395.) Moreover, it is the appellant's burden of providing a record that establishes error, and where the record is silent, we must indulge all intendments and presumptions to support the challenged ruling. ( Forrest v. Department of Corporations (2007) 150 Cal.App.4th 183, 194 [ 58 Cal.Rptr.3d 466 ]; Fladeboe v. American Isuzu M

2008It is a fundamental principle of appellate review that we presume that a judgment or order is correct. ( Benach v. County of Los Angeles (2007) 149 Cal.App.4th 836, 852 [ 57 Cal.Rptr.3d 363 ]; see generally 9 Witkin, Cal. Procedure (4th ed. 1997) Appeal, § 349, pp. 394-395.) Moreover, it is the appellant's burden of providing a record that establishes error, and where the record is silent, we must indulge all intendments and presumptions to support the challenged ruling. ( Forrest v. Department of Corporations (2007) 150 Cal.App.4th 183, 194 [ 58 Cal.Rptr.3d 466 ]; Fladeboe v. American Isuzu M

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in California. Read the followed side critically anyway.

Also cited on this issue (2)

CaseCitedYears
Rudnick v. Rudnick green
calctapp · 2009
1 sentence

2023(Rudnick, supra, 179 Cal.App.4th at p. 1335 ; see also Laabs, supra, 163 3 In his opposition to respondent’s motion for appellate sanctions, appellant contends that the standard of review is better described as the “presumption of correctness” than as the “ ‘doctrine of implied findings,’ ” a term sometimes reserved for circumstances in which the parties may request a statement of decision under Code of Civil Procedure section 632, which applies to trials rather than motions.

12023–2023
Rancho Santa Fe Ass'n v. Dolan-King green
calctapp · 2004
1 sentence

2013(Ibid.; Brooks v. American Broadcasting Co. (1986) 179 Cal.App.3d 500, 508 (Brooks).) 6 “It is a fundamental principle of appellate review that we presume that a judgment or order is correct. [Citations.] Moreover, it is the appellant’s burden of providing a record that establishes error, and where the record is silent, we must indulge all intendments and presumptions to support the challenged ruling. [Citations.] From these principles, courts have developed the doctrine of implied findings by which the appellate court is required to infer that the trial court made all factual findings necessa

12013–2013

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