Standard of Review: Abuse of Discretion

In an appeal based on abuse of discretion, the appellate court examines the trial court’s discretionary rulings “and asks whether it exceeds the bounds of reason or is arbitrary, whimsical or capricious. . . This standard involves abundant deference to the trial court’s rulings.”  (People v. Jackson (2005) 128 Cal.App.4th 1009, 1018.) 

If you believe the trial court is acting beyond the bounds of reason or is arbitrary, whimsical or capricious, you must try to get that language on the record.  Sometimes trial courts are forthcoming about their reasons for ruling in a certain way, other times they prefer to keep it a mystery. 

     An appellant challenging a discretionary ruling on this ground will have the best chance of success if he or she can demonstrate that the trial court failed to adhere to legal criteria, the ruling is a clear case of abuse, and a miscarriage of justice.  If you are hoping to find that the trial court acted “beyond the bounds of reason,” think again.  While you may not like the court’s ruling, finding a judge who is irrational and acts beyond reason is not that common, although such a judge can be found in Hollywood movies.