What is the test for establishing substantial evidence in a motion to overturn a decision of the trial court based upon the absence of substantial evidence to support it?

California, United States of America


The following excerpt is from Musetti v. Buckley, G049504 (Cal. App. 2014):

Further, "appellants who challenge the decision of the trial court based upon the absence of substantial evidence to support it "'are required to set forth in their brief all the material evidence on the point and not merely their own evidence. Unless this is done the error is deemed waived.' [Citations.]" [Citation.]" (Nwosu v. Uba (2004) 122 Cal.App.4th 1229, 1246.) Musetti, frankly, has failed in this regard, focusing heavily on the evidence that was favorable to his version of the facts. We would be within the law to deem the issue of substantial evidence waived, but in the interest of justice, we will address the argument on its merits.

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