What is the test for determining that a court was unaware of the fact that a motion was brought against Defendant in a personal injury case?

California, United States of America


The following excerpt is from People v. Clark, B284937 (Cal. App. 2019):

To determine that the court was unaware of its discretion, we begin with the requirement of appellate review that "'[a]bsent a showing to the contrary, the trial court is presumed to have known and followed the applicable law and to have properly exercised its discretion. [Citation.]' [Citation.]" (People v. Galvez (2011) 195 Cal.App.4th 1253, 1264.) Defendant does not show otherwise.

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