What is the test for determining whether damages were excessive?

California, United States of America


The following excerpt is from Hunio v. Tishman Const. Corp. of California, 14 Cal.App.4th 1010, 18 Cal.Rptr.2d 253 (Cal. App. 1993):

Our scope is limited. This court is bound by the substantial evidence standard of review. "The reviewing court does not act de novo.... [T]he trial court's determination of whether damages were excessive 'is entitled to great weight' because it is bound by the 'more demanding test of weighing conflicting evidence than our standard of review under the substantial evidence rule....' [citation]. All presumptions favor the trial court's determination [citation] and we review the record in the light most favorable to the judgment (Neal v. Farmers Ins. Exchange (1978) 21 Cal.3d 910, 927 [148 Cal.Rptr. 389, 582 P.2d 980] )." (Fortman v. Hemco, Inc., supra, 211 Cal.App.3d at p. 259, 259 Cal.Rptr. 311.)

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