What is the test for a finding of invalidation of a motion by a jury in a personal injury case?

California, United States of America


The following excerpt is from People v. Burton, B290064 (Cal. App. 2018):

the trial court's decision will be upheld unless there is a clear showing of abuse of discretion. [Citations.]" (People v. Shaw (1998) 64 Cal.App.4th 492, 495-496.) We "must adopt the trial court's factual findings if substantial evidence supports them." (People v. Fairbank (1997) 16 Cal.4th 1223, 1254.) A trial court abuses its discretion if it "exercises discretion in an arbitrary, capricious or patently absurd manner resulting in a manifest miscarriage of justice." (People v. Shaw, at p. 496.)

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