Does the Court of Appeal have any authority to conduct a de novo review of a decision from the trial court?

California, United States of America


The following excerpt is from Lubarsky v. Latham & Watkins LLP, H035099 (Cal. App. 2011):

This rule applies even when the appellate court is required to conduct a de novo review, as we are required to do in this case. Although the trial court's decision is reviewed independently, the scope of appellate review is limited to those issues that have been adequately raised and supported in the appellant's brief. (Reyes v. Kosha (1998) 65 Cal.App.4th 451, 466, fn. 6 [summary judgment and summary adjudication case].)

Other Questions


Does the Court of Appeal have any authority or authority to review the judgment of the trial court? (California, United States of America)
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)
How does the Court of Appeal review decisions of the administrative and trial courts? (California, United States of America)
What is the test for judicial review of the Court of Appeal's decision not to interfere with the Court on appeal? (California, United States of America)
Can a defendant who failed to object to the trial court's decision to conduct voir dire in open court preserve the issue for appeal? (California, United States of America)
In reviewing a decision by the Superior Court of Appeal to deny probation to a defendant who has committed a criminal offence, can the judge rely on another court's decision not to grant probation? (California, United States of America)
What is the effect of the Court of Appeal's decision to stay the trial court's writ of mandate and all proceedings below, pending an appeal? (California, United States of America)
How does the Court of Appeal review a trial court's decision on a disqualification motion? (California, United States of America)
When reviewing a challenge to a suppression ruling, how does the Court of Appeal review the factual findings of the trial court? (California, United States of America)
In reviewing an order denying a motion to suppress, does the court have any authority to review the fact finding of the trial court? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.