Is a failure to exercise exercise or abuse of power?

California, United States of America


The following excerpt is from Espinoza v. Cnty. of Orange, consol. with G043345, G043067 (Cal. App. 2012):

Defendant asserts the court's ruling was both a failure to exercise and an abuse of discretion. Not so. It is clear the court reviewed and weighed the content of the blogs and their relevance and potential prejudice. (Rufo v. Simpson (2001) 86 Cal.App.4th 573, 599.)

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