What is the burden to establish an abuse of discretion on appeal?

California, United States of America


The following excerpt is from Brown v. Brown, D060142, Super. Ct. No. D508947 (Cal. App. 2013):

burden to establish an abuse of discretion has occurred. (Cf. Blank v. Kirwan (1985) 39 Cal.3d 311, 318.) " '[T]he showing on appeal is wholly insufficient if it presents a state of facts . . . which . . . merely affords an opportunity for a difference of opinion. An appellate tribunal is neither authorized nor warranted in substituting its judgment for the judgment of the trial judge.' " (In re Marriage of Varner (1997) 55 Cal.App.4th 128, 138.)

Other Questions


What is the test for an appeal of the Court of Appeal's decision not to grant relief on appeal from an alleged abuse of discretion? (California, United States of America)
Does the Court of Appeal have discretion to admit evidence of abuse of power or abuse of discretion? (California, United States of America)
What burden is on the party complaining to establish an abuse of discretion? (California, United States of America)
What is the burden of establishing that a party defending against a motion of no confidence has the burden to establish that the motion is a protected activity? (California, United States of America)
What is the test for "abuse of discretion" in cases involving abuse of discretion? (California, United States of America)
Is abuse of discretion an abuse of the discretion test? (California, United States of America)
What is the test for abuse of discretion in determining whether a judge abused discretion in finding that a plaintiff's photographs were prejudicial? (California, United States of America)
Does a restitution order for abuse of discretion constitute an abuse of the court's discretion? (California, United States of America)
Is Selander's burden to establish that the error was not an abuse of discretion? (California, United States of America)
What is the test for abuse of discretion on appeal? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.