What is the test for determining whether a judge has abused his discretion in making a decision in a personal injury case?

California, United States of America


The following excerpt is from People v. Guzman, 185 Cal.Rptr.3d 711, 235 Cal.App.4th 847 (Cal. App. 2015):

The abuse of discretion standard is used in many other contexts and reflects the trial court's superior ability to consider and weigh the myriad factors that are relevant to the decision at hand. A trial court will not be found to have abused its discretion unless it exercised its discretion in an arbitrary, capricious, or patently absurd manner that results in a manifest miscarriage of justice. [Citation.] [Citation.] (People v. Hajek and Vo (2014) 58 Cal.4th 1144, 1180, 171 Cal.Rptr.3d 234, 324 P.3d 88.)

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