Can a reviewing court substitute its opinion for that of the trial court's ruling denying discovery?
California, United States of America
The following excerpt is from ALCH v. SUPERIOR COURT of The State of Cal. for The County of Los Angeles, 165 Cal.App.4th 1412, 82 Cal.Rptr.3d 470 (Cal. App. 2008):
We are well aware that a reviewing court may not substitute its opinion for that of the trial court if there is a basis, supported by the evidence, for the trial court's ruling, and that we may set aside an order denying discovery only if there was no legal justification for the order. ( Tien v. Superior Court (2006) 139 Cal.App.4th 528, 535, 43 Cal.Rptr.3d 121.) We also recognize that the trial court was faced, to some extent, with a moving target: the information initially subpoenaed was more comprehensive-and considerably more sensitive on the privacy scale-than the information the writers requested in their motion to overrule the objections, and the latter, too, was
[165 Cal.App.4th 1422]
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