Riazati

Riazati v. County of San Diego CA4/1

Good Law
Court of Appeal of CaliforniaJuly 28, 2014D063941California307 words

Opinion

Opinion

Mcintyre, J.

DISCUSSION

A demurrer may be sustained without leave to amend where the facts are not in

dispute and the nature of the appellant's claim is clear but, under substantive law, no

liability exists. (Seidler v. Municipal Court (1993) 12 Cal.App.4th 1229, 1233.) In

conducting our appellate review, we presume that a judgment or order of a lower court is

correct. (Denham v. Superior Court (1970) 2 Cal.3d 557, 564.) Thus, a party

challenging a judgment or an appealable order "has the burden of showing reversible

error by an adequate record." (Ballard v. Uribe (1986) 41 Cal.3d 564, 574.) If the

appellant fails to provide an adequate record to support a claim, the issue must be

resolved in favor of the respondent. (Maria P. v. Riles (1987) 43 Cal.3d 1281, 1295-

1296.) Finally, although Riazati is representing himself in this litigation, the rules of civil

procedure apply with equal force to self-represented parties as they do to those

represented by attorneys. (Rappleyea v. Campbell (1994) 8 Cal.4th 975, 984-985.)

The appellate record supplied by Riazati is limited to the minute order sustaining

the demurrer without leave to amend, the notice designating record on appeal…

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