What must a defense verdict be upheld against a plaintiff's assertion that the verdict is not supported by sufficient evidence?

California, United States of America


The following excerpt is from Holloway v. Alliance Envtl. Grp., Inc., E066365, E066705 (Cal. App. 2018):

"A defense verdict must be upheld against the plaintiff's assertion that the verdict is not supported by sufficient evidence unless the evidence compels a finding in favor of the plaintiff as a matter of law." In other words, "[i]f there is any substantial evidence which supports the verdict in favor of the defendant, the judgment must be upheld." (Lobo v. Tamco (2014) 230 Cal.App.4th 438, 442, fn. 2.) "In determining whether a judgment was supported by substantial evidence, we consider all the evidence in the light

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most favorable to the prevailing party, giving it the benefit of every reasonable inference and resolving conflicts in favor of the judgment. We do not reweigh the evidence, but instead determine whether the record contains substantial evidence, contradicted or uncontradicted, to support the judgment." (Bunch v. Hoffinger Industries, Inc. (2004) 123 Cal.App.4th 1278, 1303.)

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