Is Selander's burden to establish that the error was not an abuse of discretion?

California, United States of America


The following excerpt is from Burdett v. Olson & Co., H034324, No. CV112230, No. PR157838 (Cal. App. 2010):

Although Selander disagrees with the trial court's ruling in this case, he does not establish that the ruling was the result of error. In appeals challenging discretionary trial court rulings, it is the appellant's burden to establish an abuse of discretion. (Denham v. Superior Court (1970) 2 Cal.3d 557, 566.) A showing of abuse of discretion is not made by merely arguing that a different ruling would have been better. Discretion is abused only when in its exercise, the trial court " 'exceeds the bounds of reason, all of the circumstances before it being considered.' " (Denham v. Superior Court, supra, 2 Cal.3d at p. 566.)

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