Does the Court of Appeal have any authority to overturn a finding denying certification?

California, United States of America


The following excerpt is from Macmanus v. A. E. Realty Partners, 195 Cal.App.3d 1106, 241 Cal.Rptr. 315 (Cal. App. 1987):

Deference should be given to the trial court's ruling denying certification. Trial courts are entitled to great discretion in the matter, and an appellate court should not disturb a ruling supported by substantial evidence unless improper criteria were used or erroneous legal assumptions were made. (Richmond v. Dart Industries, Inc. (1981) 29 Cal.3d 462, 470, 174 Cal.Rptr. 515, 629 P.2d 23.) Neither of those defects appears here. Substantial evidence supports the trial court's decision, and it should be upheld.

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