Does the Court of Appeal have any authority or authority to review the judgment of the trial court?

California, United States of America


The following excerpt is from McClain v. Kissler, 251 Cal.Rptr.3d 885, 39 Cal.App.5th 399 (Cal. App. 2019):

Our review of the trial court's ruling is highly deferential. As this court explained in Fasuyi v. Permatex, Inc. (2008) 167 Cal.App.4th 681, 694, 84 Cal.Rptr.3d 351 : " Section 473, subdivision (b) states that a court may, upon any terms as may be just, relieve a party or his or her legal representative from a judgment, dismissal, order, or other proceeding taken against him or her through his or her mistake, inadvertence, surprise, or excusable neglect. This part of section 473 is recognized as invoking the trial court's discretion, and the judgment of the trial court "shall not be disturbed on appeal absent a clear showing of abuse." ( Zamora [, supra ,] 28 Cal.4th [at pp.] 254, 257 [121 Cal.Rptr.2d 187, 47 P.3d 1056].)"

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