What is the proper standard of review under section 1281.2(c) of the Statutory Review Act?
California, United States of America
The following excerpt is from Hernandez v. Autozone, Inc., B280206 (Cal. App. 2018):
Respondent argues that the proper standard of review is abuse of discretion. However, the cases respondent cites in support of her argument support application of a de novo standard in this case. (See Lindemann v. Hume (2012) 204 Cal.App.4th 556, 565 ["the correct interpretation of [section 1281.2(c)], like any other issue of statutory interpretation, is a
Page 6
"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
In reviewing a section 654 challenge, what standard of review does the court apply in reviewing the challenge? (California, United States of America)
What is the test for review of a statutory section of the California Statutory Review Act? (California, United States of America)
What is the standard of review required by the Court of Appeal for a finding of force likely to cause great bodily injury under section 245(c) of the Criminal Code? (California, United States of America)
What is the standard of review for reviewing a finding of dangerousness made pursuant to section 1170.126? (California, United States of America)
Does section 1192.7(c)(7) of the California Three Strikes Act, or does the Attorney General's interpretation of section 667.5(c))(7(b)(7)? (California, United States of America)
What is the proper standard of review for section 654 of the California Criminal Code for kidnapping with intent to rape and assault? (California, United States of America)
If a proper initial study has been conducted, does the standard of review shift to a de novo review of whether an EIR was required? (California, United States of America)
Is a court's order granting or denying a petition under section 946.6 review the same standard of review used in relief from default proceedings? (California, United States of America)
What is the standard for further environmental review under section 15168 of the California Environmental Review Act? (California, United States of America)
What is the proper review standard and what is the impact of prejudicial misadvisation on a defendant's life? (California, United States of America)
