Man

Man v. Franklin CA2/2

Good Law
Court of Appeal of CaliforniaMay 2, 2023B320726California936 words

Opinion

Opinion

DISCUSSION

I. Standard of review

“We review issuance of a protective order for abuse of discretion, and the factual findings necessary to support the

3 protective order are reviewed for substantial evidence.”2 (Parisi v. Mazzaferro (2016) 5 Cal.App.5th 1219, 1226, overruled in part on other grounds in Conservatorship of O.B. (2020) 9 Cal.5th 989, 1010.) Substantial evidence is “evidence of ponderable legal significance, evidence that is reasonable, credible and of solid value.” (Minnegren v. Nozar (2016) 4 Cal.App.5th 500, 507.) The testimony of one witness may constitute substantial evidence. (In re Marriage of Mix (1975) 14 Cal.3d 604, 614.) “[W]hen reviewing a finding that a fact has been proved by clear and convincing evidence, the question before the appellate court is whether the record as a whole contains substantial evidence from which a reasonable fact finder could have found it highly probable that the fact was true.” (Conservatorship of O.B., supra, 9 Cal.5th at pp. 995–996.) “But whether the facts, when construed most favorably in [Man’s] favor, are legally sufficient to constitute civil harassment under section 527.6, and whether the restraining order passes…

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