California, United States of America
The following excerpt is from Perlan Therapeutics, Inc. v. NexBio, Inc., G047136 (Cal. App. 2013):
"When the declarations submitted in connection with the motion to disqualify do not contain conflicting descriptions of the facts, an appellate court need not defer to the inferences drawn by the trial court in resolving factual disputes for which the parties did not submit direct evidence. [Citation.] In such a situation, the appellate court is concerned with the legal significance of the undisputed facts in the record and reviews the trial court's decision as a question of law. [Citation.] [] The question about which inferences should be drawn from the undisputed facts is significant in cases where the moving party relies on inferences rather than submitting direct evidence of facts that are within its control. Sometimes, omitted facts become conspicuous by their omission [citation] particularly where the motion involved, like a motion to disqualify counsel, has the potential for tactical abuse." (Faughn v. Perez (2006) 145 Cal.App.4th 592, 601.)
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