Standard of Review

Disagreeing with several 2d District opinions, this decision holds that the standard of review of an order granting or denying a private attorney general fee award under CCP 1021.5 is abuse of discretion even when the fee award order follows the Court of Appeal's prior opinion (published or not) in favor of the fee applicant.  Though the Court of Appeal… Read More

Same deferential standard of review applies whether evidence presented to trial court is live testimony or written affidavits and exhibits. Read More

In ruling on a motion for approval of a settlement of a PAGA claim, the trial court should apply the "fair, adequate and reasonable" standard applied to approval of class action settlements. Because many of the factors used to evaluate class action settlements bear on a settlement’s fairness—including the strength of the plaintiff’s case, the risk, the stage of the… Read More

The triall court abused its discretion in denying plaintiff's request for an award of fees under CCP 2033.420(a) for proving facts stated in requests for admission that the defendant had wrongly denied.  None of the grounds the trial court stated were supported by the evidence.  Nor was the plaintiff required to allocate its fees to specific requests that defendant had… Read More

Under the deferential abuse of discretion standard used to review trial court orders granting a new trial, this decision affirms a new trial order based on juror misconduct.  It finds there was substantial evidence to support the trial court's implied finding that the defendant had not forfeited its right to complain of bias by failing to act promptly (before verdict)… Read More

The Ninth Circuit applies the abuse of discretion standard of review to review a summary judgment in a trademark infringement case if the summary judgment is granted on equitable grounds such as unclean hands, laches or acquiescence. Read More

In evaluating the sufficiency of the evidence in support of a finding, an appellate court must make an appropriate adjustment to its analysis when the clear and convincing standard of proof applied before the trial court. In general, the court must determine whether the record, viewed as a whole, contains substantial evidence from which a reasonable trier of fact could… Read More

A federal appellate court reviews a district court’s decision to enforce or quash an administrative subpoena for abuse of discretion.  Read More

In cases involving the Freedom of Information Act, summary judgment decisions are reviewed de novo.  Read More

A trial judge has discretion to dispose of a case or claim on the merits in the course of ruling on a motion in limine, but must do so using the normal nonsuit standard of review.  Read More