What is the test for making a factual determination in a motion to appeal?

California, United States of America


The following excerpt is from MD Tox Lab., Inc. v. Cal. Unemployment Ins. Appeals Bd., G050832 (Cal. App. 2015):

"'When a trial court's factual determination 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, on the entire record, there is substantial evidence, contradicted or uncontradicted, which will support the determination, and 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. If such substantial evidence be found, it is of no consequence that the trial court believing other evidence, or drawing other reasonable inferences, might have reached a contrary conclusion.' [Citation.]" (Jameson v. Five Feet Restaurant, Inc. (2003) 107 Cal.App.4th 138,143.) In considering the totality of the evidence, we resolve all conflicts favorably to the

Page 9

Other Questions


When a factual determination is challenged by an appellate court on the grounds that there is no substantial evidence to sustain it, does the appellate court have power to substitute its factual determination for that factual determination? (California, United States of America)
What is the test for making a request to appeal against a motion of appeal in the Court of Appeal? (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)
Does the Attorney General's assertion that a denial of a motion on appeal by defendants on appeal violate their right to appeal against the denial of their motion violate their due process? (California, United States of America)
Is a defendant required to make a pretrial motion to prevent a motion of objection to the composition of the grand jury that returned the indictment against him being heard before trial or on appeal? (California, United States of America)
Can a document which purported to take an appeal from the order denying the motion to vacate and the motion for a new trial be considered an appeal? (California, United States of America)
Is a motion denying a motion for a new trial an appeal or is it not an appeal? (California, United States of America)
Is a motion to modify a sentence in a personal injury case an unauthorized and unauthorized appeal from the order of the Superior Court of Appeal denying the motion? (California, United States of America)
Is a defendant's failure to make a timely and specific objection to a motion on the grounds that he now raises an objection on appeal forfeits his claim on appeal? (California, United States of America)
Does a denial of a motion for a new trial on appeal affect the fairness of the motion on appeal? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.