What is the test for prejudice in a motion to overturn a judgment?
California, United States of America
The following excerpt is from Hudack v. Siggard, E072714 (Cal. App. 2020):
We now turn to the issue of prejudice. We cannot reverse a judgment unless it is shown "that a different result would have been probable if such error . . . had not occurred or existed." ( 475.) We cannot presume that an error is prejudicial. ( 475.) It is the appellant's burden to establish the error was prejudicial to him. (Lynch v. Birdwell (1955) 44 Cal.2d 839, 846.)
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