How is the appellate court's decision on a disqualification motion reviewed for abuse of discretion?

California, United States of America


The following excerpt is from Harrell v. Alameda Cnty. Sheriff's Dep't, A144472 (Cal. App. 2015):

"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." (People ex rel. Dept. of Corporations v. SpeeDee Oil Change Systems, Inc., supra, 20 Cal.4th at pp. 1143-1144.)

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