When a bench officer issued an order for a fee under review was not the same bench officer as the judge who presided over the trial, can the court exercise a less deferential standard of review?

California, United States of America


The following excerpt is from Stark v. Ortiz, A153680 (Cal. App. 2019):

4. The bench officer who issued the fee award was not the same bench officer who presided over the trial. Plaintiffs argue that "when, as here, the fee order under review was rendered by a judge other than the trial judge, we may exercise ' "somewhat more latitude in determining whether there has been an abuse of discretion than would be true in the usual case." ' " (Center for Biological Diversity v. County of San Bernardino (2010) 188 Cal.App.4th 603, 616.) A less deferential standard of review would not change our conclusion.

Other Questions


When a fee order under review is ordered by a judge other than the trial judge, does the court have any discretion or authority to review the order? (California, United States of America)
What is the test for a motion to review an order from the Superior Court of Appeal against a motion of appeal against an order requiring the Court to review the order? (California, United States of America)
What is the standard of review for a receiver to review an order issued by the trial court? (California, United States of America)
How does the clerk of the court remit to the trial court a copy of the judgment or order of the reviewing court? (California, United States of America)
What is the test for requesting that further proceedings be heard before a trial judge other than the judge whose judgment or order was reviewed by the appellate court? (California, United States of America)
In reviewing an order denying a motion to suppress, does the court have any authority to review the fact finding of the trial court? (California, United States of America)
What is the standard of review applicable to review of a trial court's order involving discovery matters or other matters? (California, United States of America)
Is there any case law where the trial court would have exercised its discretion not to award a motion for damages even if the trial judge was aware of the fact that the motion was being brought before the court? (California, United States of America)
On appeal from an order confirming an arbitration award, what is the standard for reviewing an order from the trial court? (California, United States of America)
When a defendant makes a mid-trial motion to revoke his self represented status and have standby counsel appointed for the remainder of the trial, does the trial court have a duty to manage the trial? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.