What constitutes substantial evidence in the context of a motion to appeal against a finding of substantial evidence?

California, United States of America


The following excerpt is from Barber v. Rancho Mortgage & Investment Corp., 26 Cal.App.4th 1819, 32 Cal.Rptr.2d 906 (Cal. App. 1994):

With respect to the first, it is now settled law that "substantial evidence" is not just any evidence but must be evidence " 'of ponderable legal significance, ... reasonable in nature, credible, and of solid value.' [Citations.]" (Bowers v. Bernards (1984) 150 Cal.App.3d 870, 873, 197 Cal.Rptr. 925.) As the Bowers court put it, the existence of substantial evidence is determined by the appellate court in the following manner: "When a trial court's factual determination is attacked on the ground that there is no substantial evidence to sustain it, the power of an appellate court begins and ends with the determination as to whether, on the entire record, there is substantial evidence, contradicted or uncontradicted, which will support the determination, and when two or more inferences can reasonably be deduced from the facts, a reviewing court is without power to substitute its deductions for those of the trial court. If such substantial evidence be [26 Cal.App.4th 1833] found, it is of no consequence that the trial court believing other evidence, or drawing other reasonable inferences, might have reached a contrary conclusion. [Citations.]" (Id., at pp. 873-874, 197 Cal.Rptr. 925; emphasis added in the original; see also Greenfield v. Insurance, Inc. (1971) 19 Cal.App.3d 803, 810, 97 Cal.Rptr. 164.)

Other Questions


What is the test for substantial evidence in a motion to challenge a finding in favour of substantial evidence? (California, United States of America)
In a motion to appeal against a jury's finding that there was no substantial evidence to support the jury's verdict, does the appellate court have any power to substitute the findings of the jury? (California, United States of America)
Can a motion to appeal a postconviction finding that the trial court lacks jurisdiction to hear the motion be appealed? (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 constitutes substantial evidence in a motion to overturn a finding of not guilty? (California, United States of America)
Does the Attorney General's assertion that a denial of a motion on appeal by defendants on appeal violate their right to appeal against the denial of their motion violate their due process? (California, United States of America)
What is the test for finding substantial evidence to support a motion for a new trial motion based on juror misconduct? (California, United States of America)
Does the evidence support the finding that there was insufficient evidence to support a finding that the sexual assault charges against Backman were not supported by the weight of the evidence? (California, United States of America)
What is considered substantial evidence in the context of the definition of the word "substantial evidence"? (California, United States of America)
Does a finding of substantial evidence or sanction of dismissal need to be reviewed for substantial evidence? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.