Since civil harassment is decided without a jury, under exceptional conditions, the appeal court may modify or find new facts, may accept new evidence, and even witness testimony. CCCP 909 Thus an exception to the Substantial Evidence Standard of Review applies. Credibility can be challenged, and facts can be challenged. It is rarely done, but it is possible.
Appeal - Standard of Review - A great summary. However, for some odd reason it fails to mention that questions of constitutional nature triggers a De Novo review. THE MEANING, MEASURE, AND MISUSE OF STANDARDS OF REVIEW by Amanda Peters* - long law review article.
Challenging the Judge 170.6 after winning partial reversal
If a decision is reversed by the Court of Appeal, it may still be sent back to the very judge that made …
Writ Petition Tips from Inside the Court of Appeal
The following was publishing in the recent newsletter of the Western San Bernardino Bar Association.
4DCA2 Fourth District Division 2
Unique to this appeal court is the distribution of tentative opinions to the parties as part of the …
Attorney's Fees on Appeal
Commentary about Zarate v. Manuel
Judicial Council Report of 10/3/2002 Showing mass substitution of word "…
Out-of-State Deposition Found Admissiblein California Action
"the appellate court held that Mr. Washington's deposition testimony is separately admissible under …
Substantial Evidence Beware
California appellate practice is barbaric and systemically unjust. It is so for numerous reasons many …