What is the test for determining whether a claim against a defendant is valid?
California, United States of America
The following excerpt is from People v. National Association of Realtors, 120 Cal.App.3d 459, 174 Cal.Rptr. 728 (Cal. App. 1981):
Although the facts upon which resolution of this issue rests are not in conflict we recognize it is the function of the trial court to be the primary finder of fact, and this reviewing court is not to make findings "in the first instance." (Larson v. Thoresen, 36 Cal.2d 666, 670, 226 P.2d 571.) However, for the guidance of the trial court, we discuss some relevant points raised on this appeal.
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