What is the test for determining whether a finding of fact can be challenged on appeal?

California, United States of America


The following excerpt is from AAA Blueprint & Digital Reprographics, Inc. v. Vasquez, G042693 (Cal. App. 2013):

"'Where findings of fact are challenged on a civil appeal, we are bound by the "elementary but often overlooked principle of law, that . . . the power of an appellate court begins and ends with a determination as to whether there is any substantial evidence, contradicted or uncontradicted," to support the findings below. [Citation.] We must therefore view the evidence in the light most favorable to the prevailing party, giving it the benefit of every reasonable inference and resolving all conflicts in its favor . . .' [Citation.]" (Bickel v. City of Piedmont (1997) 16 Cal.4th 1040, 1053, superseded by statute on other grounds in Riverwatch v. County of San Diego (1999) 76 Cal.App.4th 1428, 1439.)

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