Wash v. Banda-Wash CA5
Appellant John Wash (John) contends the trial court erred when it denied his petition under Code of Civil Procedure section 527.8 for a workplace violence restraining order against his brother’s widow. The trial court concluded the applicable standard of proof required clear and convincing evidence and found John failed to meet this burden of proof.
The standard of appellate review plays a significant role in the outcome of this matter. That standard of review is tailored specifically to the trial court’s determination that an appellant failed to carry his or her burden of proof. A failure-of-proof determination will be upheld by the reviewing court unless the evidence compels a finding in favor of the appellant as a matter of law. As explained below, John’s evidence was not of such a character and weight as to leave no room for a judicial determination that it was insufficient to establish the statutory elements for obtaining a restraining order.
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