What is the test for determining whether a finding was prejudicial or resulted in a miscarriage of justice?
California, United States of America
The following excerpt is from Chapala Mgmt., v. Stanton, Super. Ct. No. 37-2008-00079704-CU-OR-CTL (Cal. App. 2010):
findings was prejudicial or resulted in a miscarriage of justice." '[A] "miscarriage of justice" should be declared only when the court, "after an examination of the entire cause, including the evidence," is of the "opinion" that it is reasonably probable that a result more favorable to the appealing party would have been reached in the absence of the error.' " (Cassim v. Allstate Ins. Co. (2004) 33 Cal.4th 780, 800.)
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