What is the test for a finding of failure of proof on appeal?

California, United States of America


The following excerpt is from Meyer v. Jeffries, E070773 (Cal. App. 2019):

supports the judgment. . . . [] . . . [W]here the issue on appeal turns on a failure of proof at trial, the question for a reviewing court becomes whether the evidence compels a finding in favor of the appellant as a matter of law. [Citations.] Specifically, the question becomes whether the appellant's evidence was (1) 'uncontradicted and unimpeached' and (2) 'of such a character and weight as to leave no room for a judicial determination that it was insufficient to support a finding.' [Citation.]" (In re I.W. (2009) 180 Cal.App.4th 1517, 1528; see also Eriksson v. Nunnink (2015) 233 Cal.App.4th 708, 733.)

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