California Supreme Court,
Appellate Practice
Jul. 29, 2020
High court ruling raises standard for affirming decisions in punitive damage and conservatorship cases
California Chief Justice Tani G. Cantil-Sakauye, writing for a unanimous high court, concluded appellate courts must review findings using the same clear and convincing standard as trial courts.
A state Supreme Court ruling resolving a longstanding dispute over the proper standard for appellate court review in civil, family, and conservatorship lawsuits casts doubt on a number of appeals, including punitive damage awards, attorneys said Tuesday.
The ruling decided appellate courts, in cases that require clear and convincing evidence at the trial court level, have to meet a higher standard when reviewing the case on appeal....
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