What is the test for an order for monetary sanctions for an abuse of discretion?
California, United States of America
The following excerpt is from Joon Hoo Kim v. Bluelight Tech., Inc., H038131 (Cal. App. 2014):
We review an order for monetary sanctions for an abuse of discretion. (Britts v. Superior Court (2006) 145 Cal.App.4th 1112, 1123.) Under the abuse of discretion
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standard, the appropriate test is whether the trial court exceeded the bounds of reason, all circumstances before it being considered. (In re Marriage of Connolly (1979) 23 Cal.3d 590, 598.) Appellate courts should only disturb discretionary rulings when there is a clear abuse of the trial court's discretion and a miscarriage of justice. (Blank v. Kirwan (1985) 39 Cal.3d 311, 331.)
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