Mize v. Jorden

1 Citing case

  1. Peterson v. Grieger, Inc.

    57 Cal.2d 43 (Cal. 1961)   Cited 38 times
    Holding that it was reasonable for a trier of fact to find implied permission where a first valet was given permission to park a vehicle and the first valet gave permission to a second valet to move the vehicle to an overflow lot because the second valet's use did not exceed the "time, purpose, or area" restrictions imposed

    Where the trier of fact has drawn an inference of such implied permission from conflicting evidence bearing on that issue, which inference appears to be reasonable and supported by substantial evidence, that factual conclusion of permissive use may not be disturbed on appeal. ( Garmon v. Sebastian, 181 Cal.App.2d 254, 257 [ 5 Cal.Rptr. 101], hear. den.; Mize v. Jorden, 116 Cal.App.2d 301, 305 [ 253 P.2d 702].) Furthermore, the evidence must be viewed most favorably to respondent, and all reasonable inferences should be indulged in to uphold the judgment.