In the context of substantial evidence review, what is the scope of the evidence presented by the parents?

California, United States of America


The following excerpt is from L.A. Cnty. Dep't of Children & Family Servs. v. S.S. (In re P.W.), B247824 (Cal. App. 2014):

In large part, the parents attempt to reargue the facts and focus on evidence favorable to their position. We remind them that when a reviewing court engages in substantial evidence review, it will look to the entire record, and it will not limit its appraisal to isolated bits of evidence selected by the appellants. (Bowers v. Bernards (1984) 150 Cal.App.3d 870, 873-874.) "If . . . 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." (Id. at p. 874.) To the extent the parents tacitly ask us to fill the shoes of the trier of fact, we decline because that is not our role. Simply put, our role is review the record for error. We have therefore bypassed any argument presented by the parents that is akin to a closing argument, and have instead focused on their claims of error.

Other Questions


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 a finding of substantial evidence under a substantial evidence standard of review? (California, United States of America)
Does a finding of substantial evidence or sanction of dismissal need to be reviewed for substantial evidence? (California, United States of America)
What is substantial evidence applied for a substantial evidence application to review whether an employer failed to pay a certain amount of wages? (California, United States of America)
In reviewing a claim of insufficient evidence, what is the standard of review in the context of a claim for insufficient evidence? (California, United States of America)
When reviewing the sufficiency of the evidence supporting the conviction of a convicted rapist, does the court have to review the evidence in the context of section 1118.1? (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)
What constitutes substantial evidence in the context of a motion to appeal against a finding of substantial evidence? (California, United States of America)
What is the substantial evidence standard of review in a sexual assault case when the prosecution case is based on circumstantial evidence? (California, United States of America)
Does a quasi-judicial review of the evidence presented to the trial court to determine whether any triable issues of fact were presented? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.