Can a reviewing court substitute its opinion for that of the trial court?
California, United States of America
The following excerpt is from Pensanti v. Dilday (In re Dilday), G051083 (Cal. App. 2016):
"Unless there has been a clear miscarriage of justice, a reviewing court will not substitute its opinion for that of the trial court so as to avoid divesting the trial court of its discretionary power. [Citation.]" (Medical Bd. of California v. Chiarottino (2014) 225 Cal.App.4th 623, 628.) The court's ruling here was not a miscarriage of justice.
The order is affirmed. Respondent not having appeared, no costs are awarded.
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