California, United States of America
The following excerpt is from Grobeson v. City of Los Angeles, 110 Fair Empl.Prac.Cas. (BNA) 1706, 118 Cal.Rptr.3d 798, 190 Cal.App.4th 778 (Cal. App. 2011):
We begin with the standard of review. "Upon appellate review of an order granting a new trial, 'all intendments are in favor of the action taken by the lower court [and] the affidavits in behalf of the prevailing party are deemed not only to establish the facts directly stated therein, but all facts reasonably inferred from those stated.' [Citation.]" ( Weathers v. Kaiser Foundation Hospitals, supra, 5 Cal.3d 98, 106, 95 Cal.Rptr. 516, 485 P.2d 1132.) " 'When an issue is tried on affidavits ... and where there is a substantial conflict in the facts stated, a determination of the controverted facts by the trial court will not be disturbed.' [Citations.]" ( Id. at p. 108, 95 Cal.Rptr. 516, 485 P.2d 1132.)
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