What is the standard of review for a motion of appeal against a finding of abuse of discretion?

California, United States of America


The following excerpt is from Rush v. White Corp., 13 Cal.App.5th 1086, 221 Cal.Rptr.3d 240 (Cal. App. 2017):

"Various definitions and principles describing the abuse of discretion standard of review have been stated and repeated in numerous cases, such as in Blank v. Kirwan (1985) 39 Cal.3d 311, 331 [216 Cal.Rptr. 718, 703 P.2d 58], that we will set aside a trial court ruling only upon a showing of ' " 'a clear case of abuse' " ' and ' " 'a miscarriage of justice.' " ' As to what is required to show such abuse, it has been said that a trial court abuses its discretion only when its ruling ' " 'fall[s] "outside the bounds of reason." ' " [Citation.]' (

[221 Cal.Rptr.3d 249]

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