How does the appellate court review a trial court's decision on a disqualification motion?

California, United States of America


The following excerpt is from Wang v. Hsu (In re Marriage of Wang), B291530 (Cal. App. 2019):

"Generally, a trial court's decision on a disqualification motion is reviewed for abuse of discretion. [Citations.] If the trial court resolved disputed factual issues, the reviewing court should not substitute its judgment for the trial court's express or implied findings supported by substantial evidence. [Citations.] When substantial evidence supports the trial court's factual findings, the appellate court reviews the conclusions based on those findings for abuse of discretion. [Citation.] . . . [W]here there are no material disputed factual issues, the appellate court reviews the trial court's determination as a question of law. [Citation.]" (People ex rel. Dept. of Corporations v. SpeeDee Oil Change Systems, Inc. (1999) 20 Cal.4th 1135, 1143-1144 (SpeeDee Oil).)

" 'In viewing the evidence, we look only to the evidence supporting the prevailing party. [Citation.] We discard evidence

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