What is the burden of proving error in a judgment?

Judgments are presumed to be correct. (Ketchum v. Moses (2001) 24 Cal.4th 1122, 1140-1141.) Accordingly, the appellant has the burden of overcoming this presumption by affirmatively showing error, both by producing an adequate record to establish that an error was made and by demonstrating that the error was prejudicial. (Ibid.; In re Marriage of McLaughlin (2000) 82 Cal.App.4th 327, 337.) As to these two arguments, plaintiff has not met his burden.

In the introduction section of his brief, plaintiff also contends that he was not allowed to argue his case during the hearing on the demurrer. However, because there is no reporter's transcript of the hearing, plaintiff has not met his burden of showing error. (Ketchum v. Moses, supra, 24 Cal.4th at pp. 1140-1141.)