Is a decision on a disqualification motion reviewed for abuse of discretion?

California, United States of America


The following excerpt is from Blanz v. Hinckley, A157656 (Cal. App. 2020):

"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. . . . However, the trial court's discretion is limited by the applicable legal principles." (People ex rel. Dept. of Corporations v. SpeeDee Oil Change Systems, Inc. (1999) 20 Cal.4th 1135, 1143-1144 (SpeeDee Oil).)

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