What is the standard of review for a receiver to review an order issued by the trial court?

California, United States of America


The following excerpt is from City of L. A. v. Mithaiwala, B268391 (Cal. App. 2017):

The parties agree we apply the deferential abuse of discretion standard to review the trial court's order: "The order authorizing the receiver to [act] rests upon the court's 'sound discretion exercised in view of all the surrounding facts and circumstances and in the interest of fairness, justice and the rights of the respective parties. [Citation.] The proper exercise of discretion requires the court to consider all material facts and evidence and to apply legal principles essential to an informed, intelligent, and just decision. [Citation.] Our view of the facts must be in the light most favorable to the order and we must refrain from exercising our judgment retrospectively.' [Citations.] . . . [T]he court has wide direction in approving the receiver's proposed actions." (City of Santa Monica v. Gonzalez (2008) 43 Cal.4th 905, 931.)

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