In reviewing a lower court's ruling for abuse of power, does the court review the evidence or evaluate the credibility of witnesses?

California, United States of America


The following excerpt is from Ryland Mews Homeowners Ass'n v. Munoz, 184 Cal.Rptr.3d 163, 234 Cal.App.4th 705 (Cal. App. 2015):

In reviewing the lower court's ruling for abuse of discretion, we do not reweigh the evidence or evaluate the credibility of witnesses. [T]he trial court is the judge of the credibility of the affidavits filed in support of the application for preliminary injunction and it is that court's province to resolve conflicts. [Citation.] Our task is to ensure that the trial court's factual determinations, whether express or implied, are supported by substantial evidence. [Citation.] Thus, we interpret the facts in the light most favorable to the prevailing party and indulge in all reasonable inferences in support of the trial court's order. (Shoemaker v. County of Los Angeles (1995) 37 Cal.App.4th 618, 625, 43 Cal.Rptr.2d 774.)

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