If a court finds that a fiduciary officer breached his duty, how does the court review its order for abuse of discretion?

California, United States of America


The following excerpt is from Mustafa v. Mustafa, G044160 (Cal. App. 2012):

findings concerning breach of fiduciary duty reviewed for substantial evidence]), and if substantial evidence supports the trial court's factual findings, we review its order for an abuse of discretion (People ex rel. Dept. of Corporations v. SpeeDee Oil Change Systems, Inc. (1999) 20 Cal.4th 1135, 1144; see also In re Marriage of Connolly (1979) 23 Cal.3d 590, 597-598 [order denying relief under Code Civ. Proc., 473 reviewed for abuse of discretion]; In re Marriage of Rosevear (1998) 65 Cal.App.4th 673, 683 [order denying relief under 2120 reviewed for abuse of discretion]; In re Marriage of Stitt (1983) 147 Cal.App.3d 579, 586 [trial court's characterization of property in a dissolution proceeding reviewed for abuse of discretion]).

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