or not.
Rye v Tahoe Truckee Sierra Disposal Co
Utilization of existing easement.....
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steffan
- Posts: 269
- Joined: Wed Oct 10, 2007 2:44 pm
- Location: N CA
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Dave Karoly, PLS
- Posts: 670
- Joined: Fri Aug 30, 2002 6:26 pm
- Location: Sacramento
This is useful:
"The interpretation of a written instrument is solely a question of law unless the meaning turns on a question of fact. In that case, a review of the facts is subject to the substantial evidence rule and if the evidence is in conflict we are directed to decide on the basis of the inference or inferences that support the trial court. (Parsons v. Bristol Development Co. (1965) 62 Cal.2d 861.) We proceed on that basis."
It is key in understanding Appellate opinions to understand the difference between a fact review (deference to the trial court) and a legal review (de novo, no deference).
"The interpretation of a written instrument is solely a question of law unless the meaning turns on a question of fact. In that case, a review of the facts is subject to the substantial evidence rule and if the evidence is in conflict we are directed to decide on the basis of the inference or inferences that support the trial court. (Parsons v. Bristol Development Co. (1965) 62 Cal.2d 861.) We proceed on that basis."
It is key in understanding Appellate opinions to understand the difference between a fact review (deference to the trial court) and a legal review (de novo, no deference).
"Gee, I wish we had one of them doomsday machines." -General "Buck" Turgidson