What is the burden of proving that a court abused its discretion or capriciousness?
California, United States of America
The following excerpt is from Rulon v. City of Colton, G050697 (Cal. App. 2015):
A court abuses its discretion by exceeding the bounds of reason under all the circumstances. (Denham v. Superior Court (1970) 2 Cal.3d 557, 566.) The complaining party bears the burden of proof and must show a clear case of abuse and a resulting miscarriage of justice. (Ibid.) The trial court decided this evidence was not unduly prejudicial, and we cannot say its decision was arbitrary, capricious, absurd, or exceeded the bounds of reason.
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