What is the test for abuse of law when a decision on a disqualification motion is reviewed by the appellate court?
California, United States of America
The following excerpt is from Read v. Howroyd-Wright Emp't Agency, Inc., B271515 (Cal. App. 2017):
"Generally, a trial court's decision on a disqualification motion is reviewed for abuse of discretion." (People ex rel. Dept. of Corporations v. SpeeDee Oil Change Systems, Inc. (1999) 20 Cal.4th 1135, 1143.) "If the trial court resolved disputed factual issues, the reviewing court should not substitute its judgment for the trial court's express or implied findings supported by substantial evidence. [Citation.] When substantial evidence supports the trial court's factual findings, the appellate court reviews the conclusions based on those findings for abuse of discretion." (Id. at pp. 1143-1144.)
"However, the trial court's discretion is limited by the applicable legal principles. [Citation.] Thus, where there
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are no material disputed factual issues, the appellate court reviews the trial court's determination as a question of law." (People ex rel. Dept. of Corporations v. SpeeDee Oil Change Systems, Inc., supra, 20 Cal.4th at p. 1144.) A disposition that rests on an error of law constitutes an abuse of discretion. (Haraguchi v. Superior Court (2008) 43 Cal.4th 706, 711-712.)
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