What is the test for a finding that a judge abused his discretion by imposing monetary sanctions on a plaintiff?

California, United States of America


The following excerpt is from Saunders v. Superior Court, 89 Cal.Rptr.2d 440 (Cal. App. 1999):

" 'We review the imposition of monetary sanctions [under Code of Civil Procedure section 177.5] for a prejudicial abuse of discretion. [Citation.] Where a trial court has discretion to decide an issue, it will be reversed on appeal only where it clearly appears that a prejudicial abuse of discretion has occurred. [Citation.]' " (People v. Tabb, supra, 228 Cal.App.3d at p. 1311, 279 Cal.Rptr. 480.)

Other Questions


What is the test for abuse of discretion in determining whether a judge abused discretion in finding that a plaintiff's photographs were prejudicial? (California, United States of America)
What is the burden of making a finding that the trial court abused its discretion in imposing sanctions against a defendant in a civil case? (California, United States of America)
Is a judge's failure to strike a recidivist finding an abuse of discretion? (California, United States of America)
Is it an abuse of discretion to find that a plaintiff was not successful under a catalyst theory? (California, United States of America)
Is abuse of discretion an abuse of the discretion test? (California, United States of America)
Can terminating sanctions be imposed for failure to comply with a prior order to pay monetary sanctions? (California, United States of America)
What is the test for "abuse of discretion" in cases involving abuse of discretion? (California, United States of America)
Does a restitution order for abuse of discretion constitute an abuse of the court's discretion? (California, United States of America)
What is the test for determining whether an order for monetary sanctions is an abuse of discretion? (California, United States of America)
How have courts exercised discretion to impose the upper term sentence for abuse of discretion? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.