How is an order imposing sanctions reviewed for abuse of discretion?
California, United States of America
The following excerpt is from Garcia v. Loma Gardens, Inc., B239249 (Cal. App. 2013):
An order imposing sanctions is reviewed for an abuse of discretion. We resolve evidentiary conflicts in favor of the trial court's ruling and will reverse only if the ruling was arbitrary, capricious or whimsical. (Clement v. Alegre (2009) 177 Cal.App.4th 1277, 1285-1286.) Appellants have the burden of affirmatively demonstrating trial court error. (Id. at p. 1286.)
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