Marriage of Perez CA4/1

DISCUSSION

I. General Legal Principles

It is a fundamental proposition that a judgment or order is presumed correct on

appeal. (In re Marriage of Arceneaux (1990) 51 Cal.3d 1130, 1133.) It is the burden of

the party challenging a judgment on appeal to provide an adequate record to assess error.

(Ketchum v. Moses (2001) 24 Cal.4th 1122, 1140–1141.) Although Juanita is

representing herself in propria persona, she is not exempt from the rules governing

appeals. A self-represented party is to be treated like any other party and is entitled to the

same, but no greater, consideration than other litigants having attorneys. (Nwosu v. Uba

(2004) 122 Cal.App.4th 1229, 1246–1247.)

2 Because Juanita has elected to proceed on a clerk's transcript, we must treat this as

an appeal "on the judgment roll," to which the following rules apply: " 'Error must be

affirmatively shown by the record and will not be presumed on appeal [citation]; the

validity of the judgment on its face may be determined by looking only to the matters

constituting part of the judgment roll [citation]; where no error appears on the face of a

judgment roll record, all intendments and presumptions…