NewNew

NewNew v. Williams CA2/8

Good Law
Court of Appeal of CaliforniaMarch 23, 2026B338304California668 words

Opinion

Opinion

Viramontes, J.

DISCUSSION

Williams requests that we vacate the default judgment entered against her, but she failed to present an adequate appellate record for us to assess whether any error occurred that warrants reversal. Williams, as the appellant, was required to affirmatively demonstrate the trial court committed prejudicial error in entering a default and a default judgment against her. As our Supreme Court has explained, “ ‘[a] judgment or order of the lower court 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. This is not only a general principle of appellate practice but an ingredient of the constitutional doctrine of reversible error.’ ” (Denham v. Superior Court of Los Angeles County (1970) 2 Cal.3d 557, 564; see also Cal. Const., art. VI, § 13 [“No judgment shall be set aside, or new trial granted, in any cause . . . for any error as to any matter of procedure, unless, after an examination of the entire cause, including the evidence, the court shall be of the opinion that the error complained of has resulted in a miscarriage of justice”].) Moreover, unless otherwise…

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