What is the effect of a finding of insufficient burden of proof against a defendant?

California, United States of America


The following excerpt is from Indulkar v. E. Desert Valley Invs., Inc., G050400 (Cal. App. 2015):

the defendant if the court concludes that the plaintiff failed to sustain its burden of proof. [Citation.] In making the ruling, the trial court assesses witness credibility and resolves conflicts in the evidence. [Citations.] [] On appeal, we view the evidence in the light most favorable to the judgment, and are bound by trial courts' findings that are supported by substantial evidence. [Citation.] But, we are not bound by a trial court's interpretation of the law and independently review the application of the law to undisputed facts. [Citation.]' [Citation.]" (Kinney v. Overton (2007) 153 Cal.App.4th 482, 487.)

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