Escovedo

Escovedo v. Robitschek CA5

Good Law
Court of Appeal of CaliforniaOctober 8, 2014F068219California869 words

Opinion

Opinion

DISCUSSION

We review the issuance of a domestic violence restraining order for abuse of discretion. (Gonzalez v. Munoz (2007) 156 Cal.App.4th 413, 420.) A court abuses its discretion when it exceeds the bounds of reason. When two or more inferences may be deduced from the facts, the reviewing court has no authority to substitute its decision for that of the trial court. (Ibid.) When reviewing the trial court’s factual findings, we apply a substantial evidence test of review. (Loeffler v. Medina (2009) 174 Cal.App.4th 1495, 1505.) We are bound by the familiar principle that the power of the appellate court begins and ends with a determination as to whether there is any substantial evidence, contradicted or uncontradicted, to support the findings below. (Oregel v. American Isuzu Motors, Inc. (2001) 90 Cal.App.4th 1094, 1100.) We must therefore view the evidence in the light most favorable to the prevailing party, giving it the benefit of every reasonable inference and resolving all conflicts in its favor. (Bickel v. City of Piedmont (1997) 16 Cal.4th 1040, 1053.) Accordingly, under the abuse of discretion standard, we ask whether the trial court's findings of fact are…

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