What is the test for a de novo decision in a personal injury action?

California, United States of America


The following excerpt is from Performance Team Freight Sys., Inc. v. Arthur J. Gallagher & Co., B277505 (Cal. App. 2017):

"We review the trial court's decision de novo, considering all the evidence presented by the parties (except evidence properly excluded by the trial court) and the uncontradicted inferences reasonably supported by the evidence. [Citation.] The evidence is viewed in the light most favorable to the plaintiff, liberally construing the plaintiff's submissions while strictly scrutinizing the defendant's showing, and resolving any evidentiary doubts or ambiguities in the plaintiff's favor. [Citation.]"6 (Namikas v. Miller (2014) 225 Cal.App.4th 1574, 1581 (Namikas).)

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