California, United States of America
The following excerpt is from Hunio v. Tishman Const. Corp. of California, 14 Cal.App.4th 1010, 18 Cal.Rptr.2d 253 (Cal. App. 1993):
"In resolving the issue of the sufficiency of the evidence, we are bound by the established rules of appellate review that all factual matters will be viewed most favorably to the prevailing party [citations] and in support of the judgment [citation]. All issues of credibility are likewise within the province of the trier of fact. [Citation.] 'In brief, the appellate court ordinarily looks only at the evidence supporting the successful party and disregards the contrary showing.' [Citation.] All conflicts, therefore, must be resolved in favor of the respondent. [Citation.]" (Nestle v. City of Santa Monica (1972) 6 Cal.3d 920, 925-926, 101 Cal.Rptr. 568, 496 P.2d 480, emphasis omitted.) When viewed in the appropriate context, the record contains ample evidence from which the trier of fact could rule in favor of Hunio having been constructively discharged.
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