Moreno

Moreno v. Moreno CA4/1

Good Law
Court of Appeal of CaliforniaNovember 12, 2021D077193California790 words

Opinion

Opinion

Rourke, J.

DISCUSSION

Under the following basic appellate principles, Victoria has forfeited her claims. “ ‘The rule is well established that a reviewing court must presume that the record contains evidence to support every finding of fact, and an appellant who contends that some particular finding is not supported is required to set forth in his [or her] brief a summary of the material evidence upon that issue. Unless this is done, the error assigned is deemed to be waived. [Citation.] It is incumbent upon appellants to state fully, with transcript references, the evidence which is claimed to be insufficient to support the findings.’ ” (In re Marriage of Fink (1979) 25 Cal.3d 877, 887.) Victoria has not done so here. Additionally, we are governed by the following legal principles: “ ‘As an aspect of the presumption that judicial duty is properly performed [Evid. Code, § 664], we presume . . . that the court knows and applies the correct statutory and case law [citation] and is able to distinguish admissible from inadmissible evidence, relevant from irrelevant facts, and to recognize those facts which properly may be considered in the judicial decisionmaking process.’ ” (In re Marriage of…

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