What is the test for an abuse of section 946.6?

California, United States of America


The following excerpt is from Turner v. City of L. A., B262554 (Cal. App. 2017):

We review the trial court's ruling on a petition under section 946.6 for an abuse of discretion. (J.J. v. County of San Diego (2014) 223 Cal.App.4th 1214, 1220-1221; DeVore v. Department of California Highway Patrol (2013) 221 Cal.App.4th 454, 460.) "'Abuse of discretion is shown where uncontradicted evidence or affidavits of the plaintiff establish adequate cause for relief. [Citation.] . . .' [Citation.]" (J.J. v. County of San Diego, supra, at p. 1221.) "As it is a remedial statute, a trial or appellate court must resolve any doubts in favor of the petition [citation], but the preference for a trial on the merits does not warrant relief if based on a perfunctory recital of diligence in

Page 12

support of excusable neglect. [Citations.]" (DeVore v. Department of California Highway Patrol, supra, at p. 459.)

Other Questions


What is the test for abuse of abuse of credibility under California Evidence Code section 791? (California, United States of America)
How have courts considered section 954 of the Criminal Code when sentencing a defendant under section 654 under Section 654? (California, United States of America)
Can a defendant who has been given a life sentence for an assault with intent to murder be convicted of the crime under section 12022(a) of the Penal Code section 120 22(b) and section 5.5 of the Criminal Code? (California, United States of America)
What is the test for abuse of abuse of the abuse of evidence in a criminal case where a defendant admitted to a prior burglary? (California, United States of America)
Is section 28, subdivision (d) of the California Constitution harmonized with section I, article I, section 15 of the constitution with respect to self-incrimination? (California, United States of America)
Can Respondents who have not been charged with violating a section of the obscenity ordinance, such as the "obscene" section, attack the section in the disjunctive? (California, United States of America)
What is the test for abuse of abuse of power under section 352 of the Evidence Code? (California, United States of America)
Does section 667 of the California Criminal Code prohibit the District Attorney from invoking section 654 of the Criminal Code to strike a prior conviction enhancement under Section 667? (California, United States of America)
What is the abuse of the abuse standard for exclusion of evidence under section 1154 of the Evidence Code? (California, United States of America)
What is the test for abuse of discretion in the context of Section 1101 and Section 352 of the California Criminal Code? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.