California, United States of America
The following excerpt is from City of Salinas v. Souza & McCue Const. Co., 424 P.2d 921, 57 Cal.Rptr. 337, 66 Cal.2d 217 (Cal. 1967):
While the foregoing matters are disputed and other facts were urged in opposition to the granting of relief, '(i)t is for the trial court to determine all conflicts in the testimony or affidavits * * * and if there is a conflict the determination of the trial court is conclusive on appeal. * * *' (Luz v. Lopez (1960) 55 Cal.2d 54, 62, 10 Cal.Rptr. 161, 166, 358 P.2d 289, 294.) Under the circumstances the determination of the trial court was not beyond its discretion.
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