What is the test for supporting a party who had no burden of proof?
California, United States of America
The following excerpt is from L.A. Cnty. Dep't of Children & Family Servs. v. E.M. (In re P.L.), B299061 (Cal. App. 2020):
supporting the party who had no burden of proof, and (2) the trier of fact's unassailable conclusion that the party with the burden did not prove one or more elements of the case." (Id. at p. 1528, citing Hicks v. Reis (1943) 21 Cal.2d 654, 659-660 [trial court is entitled to reject in toto the testimony of a witness, even if that testimony is uncontradicted].)
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