What is the test for establishing a finding of fact in a motion to be heard by the Court of Appeal?

California, United States of America


The following excerpt is from Valdez v. Valdez, G046990 (Cal. App. 2013):

"'"When a finding of fact is attacked on the ground that there is no substantial evidence to sustain it, the power of an appellate court begins and ends with the determination as to whether there is any substantial evidence, contradicted or uncontradicted, which will support the finding of fact. [Citations.] [] When two or more inferences can reasonably be deduced from the facts, a reviewing court is without power to substitute its deductions for those of the trial court."'" (Spencer v. Marshall (2008) 168 Cal.App.4th 783, 792-793.)

Other Questions


On a motion to be heard by the Court of Appeal at the Superior Court of California for a change of venue, does the Court have any jurisdiction or authority to hear the motion? (California, United States of America)
What is the test for a motion to review an order from the Superior Court of Appeal against a motion of appeal against an order requiring the Court to review the order? (California, United States of America)
What is the impact of a motion to amend a motion in the Superior Court of Appeal against a motion by a defendant who alleges that the motion was improperly adjourned? (California, United States of America)
What is the legal test for approval of a motion by the California Supreme Court on a motion to approve a motion for approval by the Court of Appeal? (California, United States of America)
What are the findings of the Court of Appeal on the appeal of a motion of appeal against an order requiring the Attorney General to produce a copy of the Plaintiff's file? (California, United States of America)
Does a denial of a motion for reconsideration by the appellate court of the Superior Court of Appeal affect the appealability of the denial of the motion to reconsideration? (California, United States of America)
Can a motion to appeal a postconviction finding that the trial court lacks jurisdiction to hear the motion be appealed? (California, United States of America)
What are the findings of the Court of Appeal at the Superior Court of Justice on Beach's appeal against a finding that an autopsy photograph of the victim was unduly prejudicial and lacked probative value? (California, United States of America)
What is the standard of review for appeal against a finding that a trial court's ruling on a motion of appeal was 'unlawful, arbitrary, capricious or patently absurd'? (California, United States of America)
When a motion to appeal against a reduction in the sentence of a convicted criminal has been granted by the Court of Appeal, does the Court have to credit time already served on the original sentence? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.