What is the standard of review in a motion for reversal of a finding of not guilty?

California, United States of America


The following excerpt is from Nhu Le v. Huong T. Le, B295264 (Cal. App. 2020):

Plaintiff misapprehends our standard of review. "We do not review the evidence to see if there is substantial evidence to support the losing party's version of events, but only to see if substantial evidence exists to support the [judgment] in favor of the prevailing party." (Pope v. Babick (2014) 229 Cal.App.4th 1238, 1245.) And, because plaintiff bore the burden of proof at trial, to warrant reversal, he must demonstrate the evidence could lead only to a judgment in his favor. (Sonic, supra, 196 Cal.App.4th at p. 466.)

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