What is the test for determining whether a court abused its discretion in declining to award a penalty for failing to properly assess a plaintiff?
California, United States of America
The following excerpt is from Horak v. S. Shores Develoment Corp., B238973 (Cal. App. 2013):
on this issue absent a clear abuse of discretion, and the burden is on the complaining party to establish an abuse of discretion. (Blank v. Kirwan (1985) 39 Cal.3d 311, 331.) Teresa has failed to convince us that the trial court abused its discretion in declining to award her statutory penalties.
In sum, Teresa has failed to meet her burden of showing that any error occurred.
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