California, United States of America
The following excerpt is from Rosendez v. Pharmaceuticals, D071073 (Cal. App. 2017):
"Thus, '[w]hen the trier of fact has expressly or implicitly concluded that the party with the burden of proof failed to carry that burden and that party appeals . . . the question for a reviewing court becomes whether the evidence compels a finding in favor of the appellant as a matter of law. [Citations.] Specifically, the question becomes whether the appellant's evidence was (1) "uncontradicted and unimpeached" and (2) "of such a character and weight as to leave no room for a judicial determination that it was insufficient to support a finding. " ' " (Eriksson v. Nunnink (2015) 233 Cal.App.4th 708, 732-733.) In other words, under this standard, an appellant must show "undisputed facts lead to only one conclusion" compelling judgment for appellant. (In re I.W. (2009) 180 Cal.App.4th 1517, 1529.)
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.