"If, however, we interpret the court's comments to mean that no finding of actual damages had to be made, then there is error on the record"
page 1111, Footnote 2:
"Where the trial court has determined that a party has met the "clear and convincing" burden, that heavy evidentiary standard then disappears. "On appeal, the usual rule of conflicting evidence is applied, giving full effect to the respondent's evidence, however slight, and disregarding appellant's evidence, however strong." (9 Witkin, Cal. Procedure (3d ed. 1985) Appeal, § 283, pp. 294-295, citations omitted.)" See also (9 Witkin, Cal. Procedure (5th ed. 2008) Appeal, § 371, p. 428.)