Bui
Bui v. Singh CA1/3
Opinion
Opinion
DISCUSSION
Access to the court Appellant contends she had “no meaningful access to the court” because she “is a poor immigrant, speaks English awkwardly, doesn’t understand legal procedure, [and] is overwhelmed by the court system.” In conducting an appellate review, we presume that a judgment of a lower court is correct. “All intendments and presumptions are indulged to support [the judgment] on matters as to which the record is silent, and error must be affirmatively shown.” (Denham v. Superior Court (1970) 2 Cal.3d 557, 564.) Therefore, a party challenging a judgment “has the burden of showing reversible error by an adequate record.” (Ballard v. Uribe (1986) 41 Cal.3d 564, 574.)
1 Code of Civil Procedure, section 581c, subdivision (a), provides that a defendant may move for a judgment of nonsuit “after the presentation of [plaintiff’s] evidence in a trial by jury.” (Italics added.) Because this was not a jury trial, respondent’s motion for “nonsuit” was, in effect, a motion for judgment under Code of Civil Procedure, section 631.8, subdivision (a), which provides that a defendant may “move for a judgment” “[a]fter a party has completed his presentation of evidence in a trial…