California, United States of America
The following excerpt is from Giordano v. CC's Pierce St. Manor, LLC, A134654 (Cal. App. 2015):
" '[A] motion for new trial predicated on the ground[] of the insufficiency of the evidence . . . is addressed to the sound discretion of the trial judge; his action in refusing a new trial will not be disturbed on appeal unless it is affirmatively shown that he abused his discretion.' [Citation.] 'The abuse of discretion standard is not a unified standard; the deference it calls for varies according to the aspect of a trial court's ruling under review. The trial court's findings of fact are reviewed for substantial evidence, its conclusions of law are reviewed de novo, and its application of the law to the facts is reversible only if arbitrary and capricious.' " (David v. Hernandez, supra, 226 Cal.App.4th at pp. 588-589.)
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