What is the test for appellate review of a finding that the evidence was insufficient to support the award of a rental management fee?

California, United States of America


The following excerpt is from Jacobs v. Mei-Wen Chu, H035554 (Cal. App. 2011):

"The trial court's factual findings . . . are subject to limited appellate review and will not be disturbed if supported by substantial evidence." (Williams v. Saunders (1997) 55 Cal.App.4th 1158, 1162.) An appellate court is "not in a position to weigh any conflicts or disputes in the evidence. Even if different inferences can reasonably be drawn from the evidence, [the appellate court] may not substitute [its] own inferences or deductions for those of the trial court. [Its] authority begins and ends with a determination of whether, on the entire record, there is any substantial evidence, contradicted or uncontradicted, which will support the judgment. [Citations.] Therefore, we must consider all of the evidence in the light most favorable to the prevailing party, giving that party the benefit of every reasonable inference from the evidence tending to establish the correctness of the trial court's decision, and resolving conflicts in support of the trial court's decision." (Estate of Beard (1999) 71 Cal.App.4th 753, 778-779.)

Page 22

A. The Evidence Was Insufficient to Support the Award of a Rental Management Fee for the Santa Cruz Property.

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