What is the standard of review of the construction of ambiguous language in a marriage contract?

California, United States of America


The following excerpt is from Appleton v. Waessil, 27 Cal.App.4th 551, 32 Cal.Rptr.2d 676 (Cal. App. 1994):

The standard of review of the trial court's ultimate determination of the construction of the ambiguous language depends on the circumstances. If the parol evidence is in conflict, requiring the resolution of credibility issues, we would be guided by the substantial evidence test. (Stratton v. First Nat. Life Ins. Co. (1989) 210 Cal.App.3d 1071, 1084, 258 Cal.Rptr. 721.) However, where (as in the present case) the extrinsic evidence is not in conflict, construction of the agreement is a question of law for our independent

Page 679

Other Questions


When a contract contains ambiguous language, does the contract have to be interpreted as ambiguous language? (California, United States of America)
What is the standard of review applied by the Court of Appeal to determine whether a contract is ambiguous? (California, United States of America)
What is the test for establishing that language is sufficient to require the construction of a statutory definition for the purpose of establishing that a section of law does not need to include the words "constant construction" in its construction? (California, United States of America)
In reviewing a section 654 challenge, what standard of review does the court apply in reviewing the challenge? (California, United States of America)
On appeal, what is the standard of review in the context of a motion for summary review of the facts of the case? (California, United States of America)
Are evidentiary rulings reviewed under an abuse of discretion standard of review? (California, United States of America)
What is the standard of review for appellate review of a trial court ruling on the admissibility of evidence? (California, United States of America)
When a bench officer issued an order for a fee under review was not the same bench officer as the judge who presided over the trial, can the court exercise a less deferential standard of review? (California, United States of America)
How does the abuse of review standard of review apply? (California, United States of America)
What is the standard of review for reviewing state law errors at the guilt phase of a trial? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.