California, United States of America
The following excerpt is from County v. Nobel Ins., 101 Cal.Rptr.2d 320, 84 Cal.App.4th 939 (Cal. App. 2000):
"The determination of a motion to set aside an order of forfeiture is entirely within the discretion of the trial court, not to be disturbed on appeal unless a patent abuse appears on the record. [Citations.]" (People v. Wilcox (1960) 53 Cal.2d 651, 656.) "'The burden is on the party complaining to establish an abuse of discretion, and unless a clear case of abuse is shown and unless there has been a miscarriage of justice a reviewing court will not substitute its opinion and thereby divest the trial court of its discretionary power.' [Citations.]" (Denham v. Superior Court (1970) 2 Cal.3d 557, 566.)
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