What is the test for overturning a finding that the testimony of John Doe witnesses was credible?

California, United States of America


The following excerpt is from Laguna v. Dole Food Co., B233497 (Cal. App. 2014):

Plaintiffs also challenge the trial court's determination that the testimony of the John Doe witnesses was credible. A reviewing court does not reweigh the evidence or reconsider credibility determinations. (Katsura v. City of San Buenaventura (2007) 155 Cal.App.4th 104, 107.) It was within the exclusive province of the trial court, as the trier of fact, to determine credibility. (Sabbah v. Sabbah (2007) 151 Cal.App.4th 818, 823.) "[T]he testimony of a witness whom the trier of fact believes, whether contradicted or uncontradicted, is substantial evidence, and we must defer to the trial court's determination that these witnesses were credible. [Citations.]" (Estate of Odian (2006) 145 Cal.App.4th 152, 168.)

Plaintiffs' attempts to reargue selected portions of the evidence in an effort to induce this court to make different findings is not a valid ground for overturning the trial court's order. On substantial evidence the trial court found that plaintiffs and their counsel committed a fraud on the court by presenting false evidence and testimony. A reviewing court is powerless to modify such findings. (Sketchley v. Lipkin (1950) 99

Page 14

Other Questions


Can a finding that a witness has credibility be reconciled with the finding that the witness had credibility? (California, United States of America)
Can a finding that a witness has credibility be reconciled with the finding that the witness had credibility? (California, United States of America)
Does the Court have to grant immunity to a witness who testified in a witness testimony that the testimony was inconsistent with the instructions? (California, United States of America)
How has the court dealt with a motion for a retrial where a witness's testimony was inconsistent with the testimony of the previous witness? (California, United States of America)
What is the test for a court to accept testimony from a witness in a witness testimony? (California, United States of America)
When will a jury consider the credibility of a defendant's extrajudicial statements against trial testimony and the physical evidence and testimony of witnesses? (California, United States of America)
Is it permissible for a prosecutor to attack the credibility of a witness in a witness testimony? (California, United States of America)
Is there a duty of the court to protect the credibility of a witness from cross-examination questions that "harass, annoy or humiliate the witness's credibility"? (California, United States of America)
Is it improper for a prosecutor to offer assurances that a witness is credible or to suggest that evidence available to the government but not before the jury corroborates the testimony of the witness? (California, United States of America)
Does the confrontation clause in civil law bar testimony from a witness in a witness testimony? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.