Briceno

Briceno v. Wells Fargo Bank, N.A. CA2/3

Good Law
Court of Appeal of CaliforniaAugust 29, 2022B314222California1,242 words

Opinion

Opinion

DISCUSSION

I. Briceno failed to provide an adequate record or any

reasoned argument to support his appeal. It is a fundamental rule of appellate review that an appealed judgment or order is presumed correct, and error must be affirmatively shown. (Jameson v. Desta (2018) 5 Cal.5th 594, 609; Denham v. Superior Court (1970) 2 Cal.3d 557, 564.) “ ‘In the absence of a contrary showing in the record, all presumptions in favor of the trial court’s action will be made by the appellate court.’ ” (Jameson, at p. 609.) To overcome this presumption, the appellant has the burden of providing the appellate court with an

3 adequate record demonstrating error. (Ibid.; Maria P. v. Riles (1987) 43 Cal.3d 1281, 1295.) “ ‘Failure to provide an adequate record on an issue requires that the issue be resolved against [the appellant].’ ” (Jameson, at p. 609.) It is also the appellant’s burden to provide reasoned argument and citations to relevant legal authority to support that argument. (Lee v. Kim (2019) 41 Cal.App.5th 705, 721.) On appeal, “ ‘ “ ‘the party asserting trial court error may not . . . rest on the bare assertion of error but must present argument and legal authority on each point…

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