What constitutes an abuse of power?

California, United States of America


The following excerpt is from Estate of O'Connor v. O'Connor, 16 Cal.App.5th 159, 224 Cal.Rptr.3d 243 (Cal. App. 2017):

" An abuse of discretion occurs where, considering all the relevant circumstances, the court has exceeded the bounds of reason or it can fairly be said that no judge would reasonably make the same order under the same circumstances. " ( In re Marriage of Bower (2002) 96 Cal.App.4th 893, 898899, 117 Cal.Rptr.2d 520.) We presume that the trial court order is correct, and imply findings that are necessary to support the judgment. ( Bravo v. Ismaj (2002) 99 Cal.App.4th 211, 219, 120 Cal.Rptr.2d 879.)

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