Can we exercise "somewhat more latitude" in reviewing an award for services rendered by a judge other than the trial judge?

California, United States of America


The following excerpt is from Gonzalez v. Santa Clara Cnty. Dep't of Soc. Servs., 215 Cal.Rptr.3d 22, 9 Cal.App.5th 162 (Cal. App. 2017):

review was rendered by a judge other than the trial judge, we may exercise somewhat more latitude in determining whether there has been an abuse of discretion than would be true in the usual case. [Citation.]" (

[215 Cal.Rptr.3d 30]

Center For Biological Diversity v. County of San Bernardino (2010) 188 Cal.App.4th 603, 615616, 115 Cal.Rptr.3d 762, fn. omitted.)

Here we are reviewing an award for services some of which were rendered in this court and none of which were rendered before the judge who made the fee order. This gives us " somewhat more latitude " (Center For Biological Diversity v. County of San Bernardino, supra , 188 Cal.App.4th at p. 616, 115 Cal.Rptr.3d 762 ) than we would otherwise be entitled to exercise in reviewing the fee award.

Other Questions


Is an experienced trial judge the best judge of the value of professional services rendered in his or her court? (California, United States of America)
In a personal injury action, in what circumstances will the trial judge award a fee for professional services rendered in this case? (California, United States of America)
Is there any case law where the trial court would have exercised its discretion not to award a motion for damages even if the trial judge was aware of the fact that the motion was being brought before the court? (California, United States of America)
When a fee order under review is ordered by a judge other than the trial judge, does the court have any discretion or authority to review the order? (California, United States of America)
Is an experienced trial judge the best judge of professional services rendered in his court? (California, United States of America)
Is there any case law where the trial court would have exercised its discretion not to award a motion for damages even if the trial judge was aware of the fact that the motion is invalid? (California, United States of America)
When a bench officer issued an order for a fee under review was not the same bench officer as the judge who presided over the trial, can the court exercise a less deferential standard of review? (California, United States of America)
What is the test for a trial judge to proceed with the trial of a defendant under section 1368 of the California Mental Health Act if the trial judge receives the reports of two psychiatrists? (California, United States of America)
Is an experienced trial judge the best judge of the professional services rendered in his court? (California, United States of America)
When will the trial judge assume that a defendant represented by counsel who does not testify at trial is exercising his Fifth Amendment privilege against self-incrimination? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.