What is the burden of sustaining a finding of misconduct at the Court of Appeal?

California, United States of America


The following excerpt is from California Federation of Teachers, AFL-CIO v. Oxnard Elementary Schools, 272 Cal.App.2d 514, 77 Cal.Rptr. 497 (Cal. App. 1969):

Although appellants contend generally that the evidence introduced at the trial proves their claims that respondents engaged in specific acts of misconduct with the intent to produce a discriminatory or derogatory effect and with a result in fact detrimental to the interests of the Federation, they have failed to sustain the burden of showing in their briefs that there is no substantial evidence to support the findings of the trial court. 'As we have frequently said, it is the general rule on appeal that an appellate court will view the evidence in the light most favorable to the respondent and will not weigh the evidence. An appellate court will indulge all intendments and reasonable inferences which favor sustaining the finding of the trier of fact and will not disturb that finding when there is substantial evidence in the record in support thereof (citation).' (McCarthy v. Tally, 46 Cal.2d 577, 581, 297 P.2d 981, 984.)

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