Caldwell
Caldwell v. Ecobaby Organics CA4/1
Opinion
Opinion
Rourke, J.
DISCUSSION
We begin with these basic appellate principles: " '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 (1970) 2 Cal.3d
557, 564.) When the record is silent, we presume the trial court made the factual findings
necessary to support its order. (Ibid.; Huong Que, Inc. v. Luu (2007) 150 Cal.App.4th
400, 409 [citing cases; appellate court starts with presumption that the record contains
evidence to sustain every finding of fact].) "It is the appellant's burden, not the court's, to
identify and establish deficiencies in the evidence." (Huong, at p. 409.)
Further, if an issue is not supported by pertinent or cognizable legal argument it
may be deemed abandoned and there is no need for the reviewing court to discuss it.
(Landry v. Berryessa Union School Dist. (1995) 39 Cal.App.4th 691, 699-700; Berger v.
Godden (1985) 163 Cal.App.3d 1113,…