What is the test for a motion to review an opinion by a reviewing court?
California, United States of America
The following excerpt is from Lopez v. State of California, 49 Cal.App.4th 1292, 57 Cal.Rptr.2d 266 (Cal. App. 1996):
The question is whether the trial court abused its discretion in granting the motion. Unless there is a clear abuse of discretion and a miscarriage of justice, a reviewing court will not substitute its opinion for that of the trial court. (Blank v. Kirwan (1985) 39 Cal.3d 311, 331, 216 Cal.Rptr. 718, 703 P.2d 58.)
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