What is the test for overturning an order imposing a discovery sanction for abuse?

California, United States of America


The following excerpt is from Nilsson v. Bator, C087168 (Cal. App. 2020):

We review a trial court's order imposing a discovery sanction for an abuse of discretion, resolving any evidentiary conflicts most favorably to the trial court's ruling. We reverse only if the trial court's action was arbitrary, capricious, or whimsical. Bator bears the burden to demonstrate the trial court erred and where the evidence is conflicting we shall not disturb the trial court's finding. (Ellis v. Toshiba America Information Systems, Inc. (2013) 218 Cal.App.4th 853, 878.)

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