What is the test for an appeal of the Court of Appeal's decision not to grant relief on appeal from an alleged abuse of discretion?
California, United States of America
The following excerpt is from Sommers v. Erb, 2 Cal.App.4th 1644, 4 Cal.Rptr.2d 52 (Cal. App. 1992):
"To be entitled to relief on appeal from the result of an alleged abuse of discretion it must clearly appear that the injury resulting from such a wrong is sufficiently grave to amount to a manifest miscarriage of justice." (Brown v. Newby (1940) 39 Cal.App.2d 615, 618, 103 P.2d 1018.)
We do not find any abuse of discretion here.
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