Housing Authority v. Monterey Senior Citizen Park

The several above-named defendants of the action of plaintiff, Housing Authority of the County of Monterey (Housing Authority), for “declaratory relief, specific performance and damages,” appeal from a judgment entered therein against them. (The defendants and appellants Nieberg and Kadish are some or all of the limited partners of defendant Monterey Senior Citizen Park, a limited partnership [the Partnership].)

In its briefs the Partnership, in discussing the “facts” and “evidence” of the case, tends to select evidence favorable to itself, and to disregard all that is contrary. We therefore point up the “substantial evidence rule. ” When a trial court’s factual determination is attacked on the ground that there is no substantial evidence to sustain it, the power of an appellate court begins and ends with the determination as to whether, on the entire record, there is substantial evidence, contradicted or uncontradicted, which will support it, and when two or more inferences can reasonably be deduced from the facts, a reviewing court is without power to substitute its deductions for those of the trial court. It is of no consequence that the trial court believing other…