What is the test for determining whether a claim is one of law and not one of fact?
California, United States of America
The following excerpt is from Larson v. State Personnel Bd., 28 Cal.App.4th 265, 33 Cal.Rptr.2d 412 (Cal. App. 1994):
Where there is no dispute as to the facts and no conflicting inferences can be reasonably drawn therefrom, the issue becomes one of law and the conclusions of the trial court are not binding upon the reviewing court. (Blitzstein v. Department of Motor Vehicles (1988) 199 Cal.App.3d 138, 141-142, 244 Cal.Rptr. 624.) The parties to the instant appeal essentially agree the issue at hand is one of law and not one of fact.
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