What is the standard of review applied to a motion to compel discovery?
California, United States of America
The following excerpt is from Dwight A. Staten v. Calderon, F058400, Super. Ct. No. CV255031 (Cal. App. 2011):
Appellate courts apply an abuse of discretion standard of review to a trial court's denial of a motion to compel discovery. (Mills v. U.S. Bank (2008) 166 Cal.App.4th 871, 891.)
A general principle of appellate practice is that an "'order of the lower court is presumed correct.'" (Denham v. Superior Court (1970) 2 Cal.3d 557, 564.) Under this principle, an appellant must affirmatively show an error occurred. (Ibid.)
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
In reviewing a section 654 challenge, what standard of review does the court apply in reviewing the challenge? (California, United States of America)
What standard of review applies to a motion to compel arbitration? (California, United States of America)
When reviewing a motion for a new trial, does the appellate court apply the standard of "abuse of discretion" in denying the motion? (California, United States of America)
What standard of review applies to review of discovery orders? (California, United States of America)
What is the standard of review for a motion to compel discovery? (California, United States of America)
What standard of review applies to a motion to compel arbitration? (California, United States of America)
How should the Court of Appeal review the first-stage ruling of a motion to review the denial of Batson/Wheeler motion? (California, United States of America)
What is the standard applied by a court under section 1118.1 to review a motion for judgment of acquittal? (California, United States of America)
What is the standard of review for discovery motions? (California, United States of America)
What is the standard of review applied in a motion for a new trial? (California, United States of America)
