What is the standard of review for a disqualification motion?

California, United States of America


The following excerpt is from Forney v. Forney, E063262 (Cal. App. 2017):

"'Generally, a trial court's decision on a disqualification motion is reviewed for abuse of discretion.'" (City and County of San Francisco v. Cobra Solutions, Inc. (2006) 38 Cal.4th 839, 848.) However, "'where there are no material disputed factual issues, the appellate court reviews the trial court's determination as a question of law.'" (Ibid.) The facts in the instant case are undisputed, so we will apply the de novo standard of review.

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