Caldwell

Caldwell v. Ecobaby Organics CA4/1

Good Law
Court of Appeal of CaliforniaJune 18, 2014D064078California887 words

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,…

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