What is the test for rejecting a factual determination by a judge?

California, United States of America


The following excerpt is from O'Toole v. Greenlaw (In re O'Toole), A145479 (Cal. App. 2017):

"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." (Bowers v. Bernards (1984) 150 Cal.App.3d 870, 873-874.) In other words, "[w]e accept all evidence favorable to the prevailing party as true and discard contrary evidence." (In re Marriage of Drake (1997) 53 Cal.App.4th 1139, 1151.)

B. The General Law Governing Spousal Support.

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