The Inadequate Record on a Substantial Evidence Challenge
After a jury trial, the plaintiff won a $500,000 verdict for personal injuries. The defendant appeals, arguing that the evidence was insufficient to support the jury's finding of causation. The defendant's attorney did not designate the reporter's transcript for appeal. Instead, the defendant elected to proceed on a clerk's transcript and a settled statement under California Rules of Court, rule 8.137. The settled statement, prepared by the defendant, summarizes the evidence in two pages and omits key expert testimony that supported causation. The plaintiff argues that the defendant has waived the substantial evidence challenge by failing to provide an adequate record. The defendant contends that the settled statement is sufficient because it includes the essential facts.
1. What is the standard of review for the defendant's challenge to the sufficiency of the evidence? What record is necessary to support that challenge?
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The standard of review is substantial evidence. The appellate court reviews the record in the light most favorable to the judgment, resolving all conflicts and drawing all reasonable inferences in favor of the prevailing party. To prevail, the defendant must show that no substantial evidence supports the finding. The defendant must provide an adequate record that includes all the evidence relevant to the challenged finding. A settled statement can be used, but it must be complete and accurate. The defendant's two-page summary that omits key expert testimony is inadequate. The appellate court cannot evaluate whether substantial evidence supports the finding without the full record. The defendant has waived the substantial evidence challenge by failing to provide an adequate record. The appeal should be affirmed.
2. What could the defendant have done differently to preserve the substantial evidence challenge?
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The defendant should have designated the reporter's transcript for appeal, or at least the portions of the reporter's transcript that contain the evidence relevant to causation. If the defendant could not afford the reporter's transcript, the defendant could have proceeded by agreed statement or settled statement, but the statement should have included all the relevant evidence, including the expert testimony. The defendant could also have moved to augment the record under rule 8.155 to include the missing testimony. Alternatively, the defendant could have challenged the sufficiency of the evidence by filing a motion for new trial in the trial court, which would have created a record. By failing to provide an adequate record, the defendant forfeited the challenge.