What is the scope of discretion of the California Court of Appeal when dealing with a claim for damages arising from a motor vehicle accident?

California, United States of America


The following excerpt is from Kacy S., In re, 68 Cal.App.4th 704, 80 Cal.Rptr.2d 432 (Cal. App. 1998):

The question then is whether the discretion conferred has been abused. "The scope of discretion always resides in the particular law being applied, i.e., in the 'legal principles governing the subject of [the] action....' Action that transgresses the confines of the applicable principles of law is outside the scope of discretion and we call such action an 'abuse' of discretion. (Citation.)" (City of Sacramento v. Drew (1989) 207 Cal.App.3d 1287, 1297, 255 Cal.Rptr. 704.)

Other Questions


What is the test for determining whether a claim or claim arising from a motor vehicle accident is a claim for damages arising from an accident? (California, United States of America)
Can a plaintiff bring an action under the California Motor Vehicle Accident Prevention Act for damages arising out of a motor vehicle accident? (California, United States of America)
What is the test for determining whether a defendant is liable for a motor vehicle accident under the California Vehicle Accident Act or the California Motor Vehicle Act? (California, United States of America)
Is an employer's claim for reimbursement under section 3852 of the California Motor Vehicle Accident and Accident Compensation Act limited to recovery for damages proximately caused by the accident? (California, United States of America)
How have courts dealt with a claim for damages arising out of a motor vehicle accident? (California, United States of America)
What is the test for meeting the California Court of Appeal's "reasonable diligence" requirements for a motor vehicle accident claim? (California, United States of America)
What is the burden of reasonable diligence required by the California Court of Appeal to justify relief under the California Motor Vehicle Accident Relief Act? (California, United States of America)
How have courts interpreted the provisions of Proposition 213 of the California Civil Code 3333.4 of the Vehicle Accident Prevention Act to limit damages in a product liability claim? (California, United States of America)
Does the phrase "as a result of" in a motor vehicle accident apply to a section of the Motor Vehicle Accident Act? (California, United States of America)
Is Defendant entitled to excused from a claim for damages arising out of a motor vehicle accident? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.