Marriage of Kim CA3

Good Law
Court of Appeal of CaliforniaOctober 6, 2016C080719California581 words

Opinion

Opinion

Duarte, J.

DISCUSSION

On appeal, we must presume the trial court’s judgment is correct. (People v. Giordano (2007) 42 Cal.4th 644, 666.) Thus, we must adopt all inferences in favor of the judgment, unless the record expressly contradicts them. (See Brewer v. Simpson (1960) 53 Cal.2d 567, 583.) The party challenging a judgment bears the burden to provide an adequate record to assess claims of error. (Ketchum v. Moses (2001) 24 Cal.4th 1122, 1140-1141.) When an appeal is “on the judgment roll” (Allen v. Toten, supra, 172 Cal.App.3d at pp. 1082- 1083), we must conclusively presume evidence was presented that is sufficient to support the court’s findings. (Ehrler v. Ehrler (1981) 126 Cal.App.3d 147, 154 (Ehrler).) Our

2 review is limited to determining whether any error “appears on the face of the record.” (Cal. Rules of Court, rule 8.163; In re Marriage of Hall (2000) 81 Cal.App.4th 313, 316) These restrictive rules of appellate procedure apply to husband even though he is representing himself on appeal. (Wantuch v. Davis (1995) 32 Cal.App.4th 786, 795; Leslie v. Board of Medical Quality Assurance (1991) 234 Cal.App.3d 117, 121; see also Nelson v. Gaunt (1981) 125 Cal.App.3d 623, 638-639.)…

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