What is the legal test for a finding of misconduct in a civil case?

MultiRegion, United States of America

The following excerpt is from Hollingsworth v. Oa, Case No.: 3:16-cv-01425-DMS-JMA (S.D. Cal. 2017):

context-specific task that requires the reviewing court to draw on its judicial experience and common sense." Id. The "mere possibility of misconduct" falls short of meeting this plausibility standard. Id.; see also Moss v. U.S. Secret Service, 572 F.3d 962, 969 (9th Cir. 2009) .

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