Riazati
Riazati v. County of San Diego CA4/1
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…