What is the impact of a conclusion relied on by the trial court and challenged on appeal but not addressed by the appellate court?

California, United States of America


The following excerpt is from Samara v. Matar, 234 Cal.Rptr.3d 446, 419 P.3d 924, 5 Cal.5th 322 (Cal. 2018):

This case concerns the claim- and issue-preclusive significance, in future litigation, of a conclusion relied on by the trial court and challenged on appeal, but not addressed by the appellate court. We hold that the preclusive effect of the judgment should be evaluated as though the trial court had not relied on the unreviewed ground. Our contrary decision

[419 P.3d 926]

in People v. Skidmore (1865) 27 Cal. 287 ( Skidmore ) is overruled.

Other Questions


When a factual determination is challenged by an appellate court on the grounds that there is no substantial evidence to sustain it, does the appellate court have power to substitute its deductions for those of the trial court? (California, United States of America)
When a factual determination is challenged by an appellate court on the grounds that there is no substantial evidence to sustain it, can the appellate court substitute its deductions for those of the trial court? (California, United States of America)
When a factual determination is challenged by an appellate court on the grounds that there is no substantial evidence to sustain it, can the appellate court substitute its deductions for those of the trial court? (California, United States of America)
When a finding of fact is challenged on the grounds that there is no substantial evidence to sustain it, does the appellate court have any power to substitute its conclusions for those of the trial court? (California, United States of America)
What are the findings and conclusions of the Court of Appeal in the Appeal Court of Ontario regarding the conduct of appellant's appointed attorney? (California, United States of America)
Is an appeal moot when, through no fault of the appellant, an event occurs which makes it impossible for the reviewing court to provide any effective relief to the appellant even when ruling in the appellant's favor? (California, United States of America)
When a defendant makes a mid-trial motion to revoke his self represented status and have standby counsel appointed for the remainder of the trial, does the trial court have a duty to manage the trial? (California, United States of America)
Can an appellant seek review of an instruction in the Superior Court of Appeal where the original instruction was found to have made errors that could have been cured in the trial court? (California, United States of America)
In a motion to dismiss one or both of appellant's prior strike convictions, can appellant appeal against the finding that the trial court abused its discretion in denying the motion? (California, United States of America)
Can a judgment by a trial court entered pursuant to directions of an appellate court be appealed? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.