Does a quasi-judicial review of the evidence presented to the trial court to determine whether any triable issues of fact were presented?

California, United States of America


The following excerpt is from Engalla v. Permanente Medical Group, Inc., 15 Cal.4th 951, 64 Cal.Rptr.2d 843, 938 P.2d 903 (Cal. 1997):

7 In reviewing this quasi-summary-judgment motion we will "undertake[ ] an independent review of the evidence presented to the trial court to determine whether [any] triable issues of fact were presented." (Schrader v. Scott (1992) 8 Cal.App.4th 1679, 1683, 11 Cal.Rptr.2d 433.)

Other Questions


On appeal, can the court conduct an independent review of the transcript of the in camera hearing and the records reviewed by the trial court to determine whether any records were improperly withheld? (California, United States of America)
Does the Court of Appeal have any authority to review issues that were not presented in the trial court? (California, United States of America)
How does the Court of Appeal review a trial court's ruling to admit evidence over defendant's objection based on evidence section 352? (California, United States of America)
When a factual determination is challenged by an appellate court on the grounds that there is no substantial evidence to sustain it, can the appellate court substitute its deductions for those of the trial court? (California, United States of America)
When a factual determination is challenged by an appellate court on the grounds that there is no substantial evidence to sustain it, can the appellate court substitute its deductions for those of the trial court? (California, United States of America)
When a criminal defendant challenges the sufficiency of the evidence, what is the standard of review required by the California Court of Appeal to determine whether the evidence is sufficient? (California, United States of America)
Whether a court's ruling is based on oral testimony or written declarations, when conflicting inferences can reasonably be drawn from the facts, can the appellate court defer to the trial court's factual determinations? (California, United States of America)
What is the appellate court's role in determining whether a defendant satisfied his burden of producing clear and convincing evidence in the trial court? (California, United States of America)
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 deductions for those of the trial court? (California, United States of America)
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)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.