California, United States of America
The following excerpt is from Suojanen v. Strong, G050563 (Cal. App. 2016):
"The right of offset rests upon the inherent power of the court to do justice to parties appearing before it." (Jhaveri v. Teitelbaum (2009) 176 Cal.App.4th 740, 753.) "A trial court's decision to apply a credit in partial satisfaction of the judgment is an exercise of the court's equitable discretion. [Citation.] An abuse of discretion occurs when, in light of applicable law and considering all relevant circumstances, the court's ruling exceeds the bounds of reason." (Id. at p. 749.)
"Under the [abuse of discretion] standard of review, a reviewing court should not disturb the trial court's exercise of discretion unless it has resulted in a miscarriage of justice." (City and County of San Francisco v. State of California (2005) 128 Cal.App.4th 1030, 1036.) "'[O]ne of the essential attributes of abuse of discretion is that it must clearly appear to effect injustice. [Citations.] Discretion is abused whenever, in its exercise, the court exceeds the bounds of reason, all of the circumstances before it being considered. 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.'" (Denham v. Superior Court (1970) 2 Cal.3d 557, 566.)
2. Public Policy
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