California, United States of America
The following excerpt is from Winter v. 4sports & Entm't AG, B272417 (Cal. App. 2018):
"Generally, a trial court's decision on a disqualification motion is reviewed for abuse of discretion. [Citations.] If the trial court resolved disputed factual issues, the reviewing court should not substitute its judgment for the trial court's express or implied findings supported by substantial evidence. [Citations.] When substantial evidence supports the trial court's factual findings, the appellate court reviews the conclusions based on those findings for abuse of discretion. [Citation.]" (People ex rel. Dept. of Corporations v. SpeeDee Oil Change Systems, Inc. (1999) 20 Cal.4th 1135, 1143-1144.) Where no factual disputes exist, "the appellate court reviews the trial court's determination as a question of law." (Id. at p. 1144.)
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