Ensworth v. Mullvain - cited case; on appeal "clear and convincing" disappears; actual damages are required.

"If, however, we interpret the court's comments to mean that no finding of actual damages had to be made, then there is error on the record"

page 1111, Footnote 2:

"Where the trial court has determined that a party has met the "clear and convincing" burden, that heavy evidentiary standard then disappears. "On appeal, the usual rule of conflicting evidence is applied, giving full effect to the respondent's evidence, however slight, and disregarding appellant's evidence, however strong." (9 Witkin, Cal. Procedure (3d ed. 1985) Appeal, § 283, pp. 294-295, citations omitted.)"  See also  (9 Witkin, Cal. Procedure (5th ed. 2008) Appeal, § 371, p. 428.)

Nothing contained herein is tendered as nor should it be considered as legal advice.  What is legal is not necessarily justice.  Almost all of reality is non-"published", ergo, what is legally affirmed is always a retarded misrepresentation of reality.   Use at your own risk!