TIPS OF THE TRADE: NEW STANDARD FOR APPELLATE REVIEW OF FINDINGS SUPPORTED BY CLEAR AND CONVINCING EVIDENCE
By Ciarán O’Sullivan, Esq.*
In the recent case of Conservatorship of O.B. (July 27, 2020),1 the California Supreme Court announced a new, less deferential standard of appellate review of trial court findings and judgments that must be supported by clear and convincing evidence. As a result, the chances of obtaining reversal of such findings and judgments on appeal have somewhat improved. The clear and convincing concept arises frequently in trusts and estates litigation. This article discusses standards of appellate review in general as well as the facts and holding of Conservatorship of O.B., the new standard of review, and how the case may affect appeals in trusts and estates cases.
THE ROLE OF STANDARDS OF REVIEW IN APPEALS