What is the test for an abuse of discretion penalty?

California, United States of America


The following excerpt is from People ex rel. Flippo v. Silva, H041209 (Cal. App. 2017):

We review the amount of the civil penalty imposed by the trial court under an abuse of discretion standard. (People v. JTH Tax, Inc. (2013) 212 Cal.App.4th 1219, 1250.) The abuse of discretion standard " 'asks in substance whether the ruling in

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question "falls outside the bounds of reason" under the applicable law and the relevant facts [citations].' [Citation.]" (People v. Giordano (2007) 42 Cal.4th 644, 663.)

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