How will the Court of Appeal review an award for abuse of power of judgment?

California, United States of America


The following excerpt is from Bui v. Nguyen, 179 Cal.Rptr.3d 523, 230 Cal.App.4th 1357 (Cal. App. 2014):

awards are generally reviewed for abuse of discretion, the award will be upheld unless there is no substantial evidence to support the trial court's findings or when there has been a miscarriage of justice. If the trial court has made no findings, the reviewing court will infer all findings necessary to support the judgment and then examine the record to see if the findings are based on substantial evidence. (Frei v. Davey (2004) 124 Cal.App.4th 1506, 1512, [22 Cal.Rptr.3d 429] (Frei ), quoting Finney v. Gomez (2003) 111 Cal.App.4th 527, 545, [3 Cal.Rptr.3d 604].)

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