What is the test for abuse of power when a judge makes an error of judgment in a motion?
California, United States of America
The following excerpt is from Benson v. Honda Motor Co., 26 Cal.App.4th 1337, 32 Cal.Rptr.2d 322 (Cal. App. 1994):
"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.]" (Shamblin v. Brattain (1988) 44 Cal.3d 474, 478-479, 243 Cal.Rptr. 902, 749 P.2d 339.)
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