What burden is on the party complaining to establish an abuse of discretion?
California, United States of America
The following excerpt is from Villacorta v. Villacorta, G053714 (Cal. App. 2017):
burden is on the party complaining to establish an abuse of discretion, and unless a clear case of abuse is shown and unless there has been a miscarriage of justice a reviewing court will not substitute its opinion and thereby divest the trial court of its discretionary power.'" (Denham v. Superior Court (1970) 2 Cal.3d 557, 566, italics added.)
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