What is the standard of review on appeal against a finding of bias?

California, United States of America


The following excerpt is from Klein v. Munger, F077605 (Cal. App. 2020):

The parties are in disagreement over the standard of review on appeal. "To the extent that the trial court's ruling rests upon a determination of disputed factual issues, we apply the substantial evidence test to those issues." (Malek v. Blue Cross of

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California (2004) 121 Cal.App.4th 44, 55-56.) Therefore, the trial court's findings with regard to what happened during the underlying incidents are entitled to deference. However, we apply de novo review to the question of whether those facts are objectively indicative of bias. (See Haworth v. Superior Court, supra, 50 Cal.4th at p. 386 [a trial court "is in no better position than an appellate court to resolve the question of whether a reasonable person would doubt the arbitrator's ability to be impartial"].)

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