What is the test for abuse of discretion when dealing with a petition under section 17200?

California, United States of America


The following excerpt is from Andrusiak v. Buyle, C079412 (Cal. App. 2017):

"The probate court has wide discretion to make any order and take any action necessary or proper to dispose of matters presented by a petition under section 17200. ( 17206.) The applicable standard of review is therefore abuse of discretion. We are mindful, however, that '[t]he abuse of discretion standard is not a unified standard; the deference it calls for varies according to the aspect of a trial court's ruling under review. The 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.' " (Manson v. Shepherd (2010) 188 Cal.App.4th 1244, 1258-1259.)

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