California
Appeals

Standard of Review-Appellate Courts review questions of law de novo and factual findings for substantial evidence

 

Discussion

            We review questions of law de novo and factual findings for substantial evidence.  (Ghirardo v. Antonioli (1994) 8 Cal.4th 791, 800-801; Winograd v. American Broadcasting Co. (1998) 68 Cal.App.4th 624, 632.)  “In juvenile cases, as in other areas of the law, the power of an appellate court asked to assess the sufficiency of the evidence begins and ends with a determination as to whether or not there is any substantial evidence, whether or not contradicted, which will support the conclusion of the trier of fact.  All conflicts must be resolved in favor of the respondent and all legitimate inferences indulged in to uphold the verdict, if possible.  Where there is more than one inference which can reasonably be deduced from the facts, the appellate court is without power to substitute its deductions for those of the trier of fact.”  (In re Katrina C. (1988) 201 Cal.App.3d 540, 547.)
In re David H. 8/19/08 CA1/5

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