What is the test for appellate review of a finding of actual malice in a defamation case?

California, United States of America


The following excerpt is from Conservatorship the Pers. of O.B. T.B. v. O.B., 266 Cal.Rptr.3d 329, 470 P.3d 41, 9 Cal.5th 989 (Cal. 2020):

6 In announcing only a general rule, we recognize that different forms of appellate review may apply in certain circumstances when a determination has been made by the trier of fact under the clear and convincing standard of proof. (See, e.g., McCoy v. Hearst Corp. (1986) 42 Cal.3d 835, 845-846, 231 Cal.Rptr. 518, 727 P.2d 711 [discussing appellate review of findings of actual malice in defamation suits].)

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