Is a court's ruling on a motion for discretionary relief under section 473(b) 6 reviewed for abuse of discretion?
California, United States of America
The following excerpt is from Conservatorship Of The Person v. Balaoing, A127841, No. P07-01122 (Cal. App. 2011):
A trial court's ruling on a motion for discretionary relief under section 473(b)6 is reviewed for abuse of discretion (Zamora v. Clayborn Contracting Group, Inc. (2002)
Page 11
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
Is a superior court's ruling on a motion for discretionary relief under section 473, subdivision (b) of the California Civil Code reviewed on appeal for abuse of discretion? (California, United States of America)
Is a court's ruling on a motion for access to law enforcement personnel records subject to review for abuse of discretion? (California, United States of America)
How should the Court of Appeal review the first-stage ruling of a motion to review the denial of Batson/Wheeler motion? (California, United States of America)
When reviewing a motion for a new trial, does the appellate court apply the standard of "abuse of discretion" in denying the motion? (California, United States of America)
What is the test for abuse of discretion in the context of a motion to review the decision of a trial court denying a defendant's motion to exclude victim impact evidence and uncharged misconduct in the case of Romero? (California, United States of America)
How do courts review a trial court's ruling on whether an examiner's question calls for a speculative answer under the abuse of discretion standard? (California, United States of America)
In reviewing a lower court's ruling for abuse of power, does the court review the evidence or evaluate the credibility of witnesses? (California, United States of America)
In reviewing a ruling on an anti-SLAPP motion, how do we review an order granting or denying a motion to strike under section 425.16 de novo? (California, United States of America)
What is the legal test for "abuse of discretion" in a motion to review a ruling by a superior court? (California, United States of America)
Does the trial court abuse its discretion in ruling upon discovery motions and denying the motion to dismiss? (California, United States of America)
