When will the substantial evidence standard of review apply?

California, United States of America


The following excerpt is from Creed-21 v. City of Moreno Valley, E064187, E064207 (Cal. App. 2016):

When the substantial evidence standard of review applies, "an appellant must set forth in its brief all the material evidence on the point, not merely its own evidence. [Citation.] A failure to do so is deemed a concession that the evidence supports the findings. [Citation.] The reason for this is that 'if the appellants fail to present us with all the relevant evidence, then the appellants cannot carry their burden of showing the evidence was insufficient to support the agency's decision because support for that decision may lie in the evidence the appellants ignore.' [Citation.] This failure to present all relevant evidence on the point 'is fatal.' [Citation.] 'A reviewing court will not independently review the record to make up for appellant's failure to carry his burden.' [Citation.]" (Citizens for a Megaplex-Free Alameda v. City of Alameda (2007) 149 Cal.App.4th 91, 112-113.)

Page 40

Other Questions


What is the substantial evidence standard of review applied to challenges to the sufficiency of evidence in a juvenile proceeding involving criminal behavior? (California, United States of America)
What is substantial evidence applied for a substantial evidence application to review whether an employer failed to pay a certain amount of wages? (California, United States of America)
In applying the substantial evidence standard of review, does the court need to view the evidence in the light of the prevailing party? (California, United States of America)
What is the test for a finding of substantial evidence under a substantial evidence standard of review? (California, United States of America)
What is the substantial evidence test in the review of a finding under the preponderance of the evidence standard? (California, United States of America)
Does a substantial evidence analysis in a medical malpractice case have any relation to the "some evidence" standard of review? (California, United States of America)
Does the abuse of or substantial evidence standard apply to a review of a trial court ruling on the unclean hands defense? (California, United States of America)
What is the substantial evidence standard of review in a sexual assault case when the prosecution case is based on circumstantial evidence? (California, United States of America)
What is the substantial evidence test in the review of a finding under the preponderance of the evidence standard? (California, United States of America)
How do we review the evidence supporting a jury's retaliation verdict under the substantial evidence standard? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.