Does clear and convincing evidence change the standard of review on appeal?

California, United States of America


The following excerpt is from Brokaw v. Guigliano, 2d Civ. B270393 (Cal. App. 2017):

Appellants argue that the clear and convincing evidence standard at trial changes the standard of review on appeal. We disagree. (O'Banion v. Borba, supra, 32 Cal.2d at p. 147.) "Although the trial court's finding of the existence of a prescriptive easement must be based upon clear and convincing

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evidence, if there is substantial evidence to support its conclusion, the determination is not open to review on appeal. [Citation.]" (Applegate v. Ota, supra, 146 Cal.App.3d at p. 708.) As in any sufficiency of the evidence appeal, we review the evidence in the light most favorable to the prevailing party and resolve all conflicts in the evidence in support of the judgment. (Ibid.) Our power begins and ends with a determination as to whether there is any substantial evidence to support the trial court's findings and judgment. (Overton v. Vita-Food Corp. (1949) 94 Cal.App.2d 367, 370)

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