What is the test for abuse of power in the appellate court?

California, United States of America


The following excerpt is from Castaneda v. Superior Court of L.A. Cnty., 188 Cal.Rptr.3d 889, 237 Cal.App.4th 1434 (Cal. App. 2015):

court's express or implied findings supported by substantial evidence. [Citations.] When substantial evidence supports the trial court's factual findings, the appellate court reviews the conclusions based on those findings for abuse of discretion. [Citation.] However, the trial court's discretion is limited by the applicable legal principles. [Citation.] Thus, where there are no material disputed factual issues, the appellate court reviews the trial court's determination as a question of law. [Citation.] (People ex rel. Dept. of Corporations v. SpeeDee Oil Change Systems, Inc. (1999) 20 Cal.4th 1135, 11431144 [86 Cal.Rptr.2d 816, 980 P.2d 371] (SpeeDee Oil ).)

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