What is the test for failing to carry the burden of proof?

California, United States of America


The following excerpt is from Carson v. Lindenmeyer, A149691 (Cal. App. 2020):

failed to carry the burden of proof a special rule of review applies. " '[W]here the issue on appeal turns on a failure of proof at trial, 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 as (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." ' " (Sonic Manufacturing Technologies, Inc v. AAE Systems, Inc. (2011) 196 Cal.App.4th 456, 466.)

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