In a constructive trust action, does the constructive trust remedy need to be considered a question upon a question of law?
California, United States of America
The following excerpt is from Yanez v. Gardea, No. G041399 (Cal. App. 5/3/2010), No. G041399. (Cal. App. 2010):
Nevertheless, defendants are correct that an appellate ruling on the sufficiency of the evidence is a decision upon a question of law. (People v. Barragan (2004) 32 Cal.4th 236, 246.) We conclude as a matter of law that substantial evidence supports the judgment and that the court did not abuse its discretion in selecting the constructive trust remedy.
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