What is the test for abuse of authority on appeal?

California, United States of America


The following excerpt is from Lakritz v. Lakritz (In re Marriage of Lakritz), G059521 (Cal. App. 2021):

We review the court's ruling for abuse of discretion. (In re Marriage of Rosevear (1998) 65 Cal.App.4th 673, 682 (Rosevear)) Under this standard, "[t]he trial court's findings of fact are reviewed for substantial evidence, its conclusions of law are reviewed de novo, and its application of the law to the facts is reversible only if arbitrary and capricious." (Haraguchi v. Superior Court (2008) 43 Cal.4th 706, 711-712.) "'"The appropriate test for abuse of discretion is whether the trial court exceeded the bounds of reason. When two or more inferences can reasonably be deduced from the facts, the reviewing court has no authority to substitute its decision for that of the trial court."' [Citations.] The burden is on the complaining party to establish abuse of discretion. [Citations.] The showing on appeal is insufficient if it presents a state of facts which simply affords an opportunity for a difference of opinion. [Citations.]" (Rosevear, supra, 65 Cal.App.4th at p. 682.)

Other Questions


What is the test for an appeal of the Court of Appeal's decision not to grant relief on appeal from an alleged abuse of discretion? (California, United States of America)
Does the Court of Appeal have any authority or authority to interfere with the determination of the trier of fact? (California, United States of America)
Does the Court of Appeal have any authority or authority to assess the credibility of a witness? (California, United States of America)
Does the Attorney General's assertion that a denial of a motion on appeal by defendants on appeal violate their right to appeal against the denial of their motion violate their due process? (California, United States of America)
Does the Attorney General have the authority to deny an appeal because the Defendant failed to identify as an issue on appeal the fact she was improperly induced to enter her plea? (California, United States of America)
Does the Attorney General have the authority to ask the Court of Appeal to consider the merits of a motion brought before it on an appeal? (California, United States of America)
Does a defendant have the authority to raise a question of "substantial rights" on an appeal from the Court of Appeal? (California, United States of America)
Does the Court of Appeal have any authority or authority to sustain a First Amendment right to exercise First Amendment Freedoms? (California, United States of America)
Is a defendant entitled to the benefit of the Court of Appeal's Appeal of Appeal when they are not yet convicted? (California, United States of America)
What is the test for abuse of abuse of authority in denying a motion for a new trial motion based on newly discovered evidence? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.