Best Wrongful Termination Attorneys in Westlake Village, CA

California Supreme Court Clarifies Appellate Standard of Review in Cases Using Clear and Convincing Standard How should appellate courts review lower court decisions that use the clear and convincing evidence (not preponderance of the evidence) standard? This was the central question in Conservatorship of the Person of O.B., a 2020 California Supreme Court decision. The opinion clarifies how California appellate courts must review lower courts’ findings for substantial evidence where this heightened standard is used. Practitioners are advised to take note of how to integrate the Supreme Court’s clarified rules into their practices. Gusdorff Law takes a look. Case Background and Legal Issue Presented A mother and an elder sister petitioned the court to be appointed limited co-conservators of a young adult (O.B.) with autism. The Superior Court issued an order establishing the limited conservatorship. The conservatee, however, appealed the decision. O.B. argued that the proof before the probate court was insufficient. Her contention was that the evidence did not clearly and convincingly establish that the conservatorship was warranted. She cited Probate Code § 1801, subd. (e): “The standard of proof for the appointment of a conservator pursuant to this section shall be clear and convincing evidence.” The Second District Court of Appeal affirmed the Superior Court’s decision, and the California Supreme Court ultimately granted review. Clear and convinci...