What is the test for making a claim of error in a trial where a plaintiff has been accused of using "speculation" as evidence?
California, United States of America
The following excerpt is from People v. Nelson, E051183 (Cal. App. 2011):
differences. " '[S]peculation is not evidence. . .' " (People v. Waidla (2000) 22 Cal.4th 690, 735) and, thus, will not suffice to carry the affirmative burden to show error.
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