What is the burden of making a finding that the trial court abused its discretion in imposing sanctions against a defendant in a civil case?
California, United States of America
The following excerpt is from Rosen v. Superior Court for Los Angeles County, 244 Cal.App.2d 586, 53 Cal.Rptr. 347 (Cal. App. 1966):
In Weinkauf v. Superior Court, supra, the court reiterated the rule that, in such cases as this, the burden is on the petitioner to show that the trial court abused its discretion. We are satisfied that such a showing has been made by petitioner [244 Cal.App.2d 595] here. The uncontradicted facts on which petitioner sought the imposition of sanctions are set forth above.
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