What is the test for a finding that a party failed to meet their burden of proof at trial?

California, United States of America


The following excerpt is from Fresno Cnty. Dep't of Soc. Servs. v. Juan D. (In re Eva D.), F069256 (Cal. App. 2015):

Where the issue on appeal turns on a finding that the appellant failed to meet his or her burden of proof at trial, the question is therefore not whether substantial evidence supports the judgment, but "whether the evidence compels a finding in favor of the appellant as a matter of law." (In re I.W., supra, 180 Cal.App.4th at p. 1528, italics added, citing Roesch v. De Mota (1944) 24 Cal.2d 563, 570-571.) Accordingly, the question in this appeal is whether the evidence was sufficient, as a matter of law, to compel a finding that Juan qualified as a presumed father pursuant to Family Code section 7611, subdivision (d). (In re I.W., supra, at p. 1528.) We conclude that it was not.

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