Is there any case law where the trial court would have exercised its discretion not to award a motion for damages even if the trial judge was aware of the fact that the motion was being brought before the court?
California, United States of America
The following excerpt is from People v. Silva, E069863 (Cal. App. 2021):
[4] An exception to this rule, not applicable here, is when the record conclusively establishes that the trial court would not have exercised its discretion even if the court were aware of its discretion. (People v. Leon (2016) 243 Cal.App.4th 1003, 1026.)
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