In what circumstances will a judge strike down a witness's testimony?
California, United States of America
The following excerpt is from City of Whittier v. Southland Display Co., B250819 (Cal. App. 2015):
make the ruling in question in light of the whole record." (Id. at p. 652.) "Moreover, we defer to the trier of fact on issues of credibility. [Citation.] . . . 'Testimony may be rejected only when it is inherently improbable or incredible, i.e., "'unbelievable per se,'" physically impossible or "'wholly unacceptable to reasonable minds.'" [Citations.]' [Citation.]" (Lenk v. Total-Western, Inc. (2001) 89 Cal.App.4th 959, 968.)
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