What is the test for a party to appeal against a finding that they failed to carry the burden of proof?

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.)

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