What is the test for appellate review of a finding by the trial court that an item is separate or community property?
California, United States of America
The following excerpt is from Marriage of Ananeh-Firempong, In re, 219 Cal.App.3d 272, 268 Cal.Rptr. 83 (Cal. App. 1990):
With respect to a finding by the trial court that an item is separate or community property, appellate review is limited to a determination of whether there is any substantial evidence, contradicted or uncontradicted, that supports the finding. (McLellan v. McLellan (1972) 23 Cal.App.3d 343, 356, 100 Cal.Rptr. 258.)
"The most advanced legal research software ever built."
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.
Other Questions
After reviewing the record of a motion brought by appellant in the Superior Court of Appeal against the appellant, what is the appellant's request for an independent review of the record? (California, United States of America)
When reviewing a challenge to a suppression ruling, how does the Court of Appeal review the factual findings of the trial court? (California, United States of America)
In reviewing an order denying a motion to suppress, does the court have any authority to review the fact finding of the trial court? (California, United States of America)
When a factual determination is challenged by an appellate court on the grounds that there is no substantial evidence to sustain it, does the appellate court have power to substitute its deductions for those of the trial court? (California, United States of America)
When a factual determination is challenged by an appellate court on the grounds that there is no substantial evidence to sustain it, can the appellate court substitute its deductions for those of the trial court? (California, United States of America)
When a factual determination is challenged by an appellate court on the grounds that there is no substantial evidence to sustain it, can the appellate court substitute its deductions for those of the trial court? (California, United States of America)
When reviewing a ruling on a motion to exclude evidence, how do we review the findings of the trial court? (California, United States of America)
If a trial court orders testing without articulating its reasons on the record, will the appellate court presume an implied finding of probable cause? (California, United States of America)
Is an appeal moot when, through no fault of the appellant, an event occurs which makes it impossible for the reviewing court to provide any effective relief to the appellant even when ruling in the appellant's favor? (California, United States of America)
In a motion to dismiss one or both of appellant's prior strike convictions, can appellant appeal against the finding that the trial court abused its discretion in denying the motion? (California, United States of America)
