De Elias v. Clark CA2/2

Good Law
Court of Appeal of CaliforniaJuly 18, 2016B262496California934 words

Opinion

Opinion

DISCUSSION

Appellant argues that the evidence does not support issuance of the restraining order. Appellant fails to discuss the standard of review for his argument, which is the substantial evidence standard. (R.D. v. P.M. (2011) 202 Cal.App.4th 181, 188 [test on appeal is whether the trial court’s findings supporting entry of the restraining order are justified by substantial evidence in the record].) Under this standard, “our review begins and ends with the determination as to whether, on the entire record, there is substantial evidence, contradicted or uncontradicted, which will support the trial court’s factual determinations. [Citations.]” (Ermoian v. Desert Hospital (2007) 152 Cal.App.4th 475, 501.) On appeal, we do not evaluate the credibility of the witnesses or reweigh the evidence. (Lenk v. Total-Western, Inc. (2001) 89 Cal.App.4th 959, 968 (Lenk).) The testimony of a single witness may constitute substantial evidence. (In re Marriage of Mix (1975) 14 Cal.3d 604, 614 (Mix).) Appellant argues that the trial court ignored his testimony that respondent returned to his home after the incident. He points out that the court failed to question respondent regarding her…

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