Kemper Insurance Co. v. Ferguson CA2/5

DISCUSSION

A. Adequacy of Briefing

Kemper argues that Ferguson has not met her burden of providing an adequate record to show error, in part because she elected to proceed without a reporter’s transcript, and also because she “did not cite the record in her opening brief.” “We presume the trial court’s judgment is correct, and to overcome that presumption appellants must affirmatively establish prejudicial error by providing an adequate record, citing to the record, and presenting a persuasive argument with citations to supportive legal authorities. [Citations.]” (LNSU #1, LLC v. Alta Del Mar Coastal Collection Community Assn. (2023)

2 Our record does not include a notice of entry of judgment served upon Ferguson. Accordingly, we conclude the appeal is timely, as it was filed within 180 days after entry of judgment. (Cal. Rules of Court, rule 8.104, subd. (a)(1)(C).)

3 94 Cal.App.5th 1050, 1070.) It is also a well-established principle of appellate law that all factual statements in a brief must be supported by specific citations to the appellate record. (California Rules of Court, rule 8.204(a)(1)(C); Wentworth v. Regents of University of California (2024) 105 Cal.App.5th…