What is the standard of review of a case referred to Cole?

California, United States of America


The following excerpt is from Malcolm v. Malcolm (In re Malcolm), E056910 (Cal. App. 2014):

The proper standard of review of the trial court's factual determination that the parties agreed to refer the case to Cole for all purposes is whether the court's findings and rulings were supported by substantial evidence. "We make '"[a]ll presumptions favor the trial court's ruling, which is entitled to great deference because the trial judge, having been present at trial, necessarily is more familiar with the evidence and is bound by the more demanding test of weighing conflicting evidence rather than our standard of review under the substantial evidence rule." (Rony v. Costa (2012) 210 Cal.App.4th 746, 753-754.)

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