What is the test for setting aside a finding in a motion to set aside discovery in a civil case?

California, United States of America


The following excerpt is from Zumbowicz v. Hosp. Ass'n Of Southern Cal., B215633, No. BC360399 (Cal. App. 2010):

"'Management of discovery lies within the sound discretion of the trial court. Consequently, appellate review of discovery rulings is governed by the abuse of discretion standard. Where there is a basis for the trial court's ruling and the evidence supports it, a reviewing court will not substitute its opinion for that of the trial court. [Citation.]' The trial court's determination will be set aside only when it has been established that there was no legal justification for the order granting or denying the

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discovery in question." (Save Open Space Santa Monica Mountains v. Superior Court (2000) 84 Cal.App.4th 235, 246.)

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