What is the test for crediting a witness's testimony on appeal?

California, United States of America


The following excerpt is from Geoghegan v. City of L. A., B255496 (Cal. App. 2015):

'"[T]he credibility of witnesses is generally a matter for the trier of fact to resolve. Accordingly, the testimony of a witness offered in support of a judgment may not be rejected on appeal unless it is physically impossible or inherently improbable and such inherent improbability plainly appears. [Citation.] Similarly, the testimony of a witness in derogation of the judgment may not be credited on appeal simply because it contradicts the . . . evidence [supporting the judgment], regardless how "overwhelming" it is claimed to be. [Citation.]' [Citation.]" (Fuentes v. AutoZone, Inc. (2011) 200 Cal.App.4th 1221, 1233.)

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