Does the majority's conclusion that sufficient evidence did not establish use of the peak trail violate the fundamental substantial evidence rule?

California, United States of America


The following excerpt is from Friends of the Hastain Trail v. Coldwater Dev. LLC, 1 Cal.App.5th 1013, 205 Cal.Rptr.3d 270 (Cal. App. 2016):

The majority's conclusion that sufficient evidence did not establish use of the peak trail also violates the fundamental substantial evidence rule. When an appellant attacks a court's finding as not sustained by the evidence, the power of an appellate court begins and ends with the determination whether there is any substantial evidence, contradicted or uncontradicted, which will support the verdict. Questions of credibility must be resolved in favor of the factfinder's determination, and when two or more inferences can reasonably be drawn from the evidence, a reviewing court may not substitute its deductions for those of the trier of fact. If on any material point the evidence is in conflict, it must be assumed that the court ... resolved the conflict in favor of the prevailing party. (Abar v. Rogers, supra, 23 Cal.App.3d at p. 510, 100 Cal.Rptr. 344.) By analogy, where the law of implied dedication would only require proof that for the prescriptive period various sandlot baseball games occurred regularly and frequently on private property, the majority seemingly requires proof of team rosters (with a full team of at least nine players on each side), uniform colors, and evidence of games year-round with no off-season and no rainouts.

Other Questions


What is the test for establishing substantial evidence in a motion to overturn a decision of the trial court based upon the absence of substantial evidence to support it? (California, United States of America)
How have courts treated "substantial evidence" in determining whether substantial evidence is sufficient? (California, United States of America)
What is the sufficiency of evidence under the substantial evidence rule? (California, United States of America)
What is the test for establishing substantial evidence against a defendant who alleges substantial evidence does not support his conviction? (California, United States of America)
What is the test for substantial evidence in the context of review for the purpose of establishing that substantial evidence? (California, United States of America)
What is the test for determining whether the evidence presented at trial is sufficient to establish a violation of the Sexual Harassment Act? (California, United States of America)
Is substantial evidence sufficient to support a defendant's claim of insufficiency of evidence? (California, United States of America)
Does the application of "ordinary rules of evidence" such as section 352 of California Evidence Code section 352 violate a defendant's constitutional rights? (California, United States of America)
Does a statement by an appellate court of a rule of law necessary to the decision of the case on appeal conclusively establish that rule? (California, United States of America)
What is considered substantial evidence in the context of the definition of the word "substantial evidence"? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.