Does the Court have substantial evidence that bad faith existed in the circumstances surrounding appellant's motion to file a cross-complaint?

California, United States of America


The following excerpt is from Silver Organizations Ltd. v. Frank, 217 Cal.App.3d 94, 265 Cal.Rptr. 681 (Cal. App. 1990):

In reviewing the question whether the trial court had substantial evidence that bad faith existed in the circumstances surrounding appellant's motion to file the cross-complaint, we are governed by the following [217 Cal.App.3d 100] standard: "... the power of an appellate court begins and ends with the determination as to whether, on the entire record, there is substantial evidence, contradicted or uncontradicted, which will support the determination, and when two or more inferences can reasonably be deduced from the facts, a reviewing court is without power to substitute its deductions for those of the trial court. If such substantial evidence be found, it is of no consequence that the trial court believing other evidence, or drawing other reasonable inferences, might have reached a contrary conclusion." (Bowers v. Bernards, supra, 150 Cal.App.3d at pp. 873-874, 197 Cal.Rptr. 925, emphasis in original.)

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