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Standard of Review-Judgment may be supported by inference if supported by substantial Evidence-McRae v. Dept. of CorrectionsA098073

“Although each case must be judged for sufficient evidence on its own peculiar circumstances, a number of general guidelines may be set forth.  First, a judgment may be supported by inference, but the inference must be a reasonable conclusion from the evidence and cannot be based upon suspicion, imagination, speculation, surmise, conjecture or guesswork.  [Citation.]  Thus, an inference cannot stand if it is unreasonable when viewed in light of the whole record.  [Citation.]  And although an appellate court will normally defer to the trier of fact’s drawing of inferences, it has been said:  ‘To these well settled rules there is a common sense limited exception which is aimed at preventing the trier of the facts from running away with the case.  This limited exception is that the trier of the facts may not indulge in the inference when that inference is rebutted by clear, positive and uncontradicted evidence of such a nature that it is not subject to doubt in the minds of reasonable men.  The trier of the facts may not believe impossibilities.’  [Citations.] ”  (Beck Development Co. v. Southern Pacific Transportation Co. (1996) 44 Cal.App.4th 1160, 1203-1204.)

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McRae v. Dept. of CorrectionsA098073 8/29/06 CA1/1A