California, United States of America
The following excerpt is from Ali v. Old Republic Home Prot. Co., A150491 (Cal. App. 2017):
Thus, this is not simply a case in which the appellant asks us, contrary to established rules of appellate review, to weigh a particular fact in its favor. (See Schmidlin v. City of Palo Alto (2007) 157 Cal.App.4th 728, 737 [" ' "The rule is well established that a reviewing court must presume that the record contains evidence to support every finding of fact, and an appellant who contends that some particular finding is not supported is required to set forth in his brief a summary of the material evidence upon that issue. Unless this is done, the error assigned is deemed to be waived. [Citation.] It is incumbent upon appellants to state fully, with transcript references, the evidence which is claimed to be insufficient to support the findings." [Citations.]' "].) Rather, this is a case in which the appellant asks us to make a particular factual finding (here, that the arbitrator's award was rendered without consideration of the Claimant's
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