What is the test for abuse of discretion in a motion for personal injury?

California, United States of America


The following excerpt is from Kaslavage v. West Kern County Water Dist., 148 Cal.Rptr. 729, 84 Cal.App.3d 529 (Cal. App. 1978):

[84 Cal.App.3d 535] [ ] Abuse of discretion is shown where uncontradicted evidence establishes cause for relief. Any doubts should be resolved in favor of the application (Viles v. State of California (1967) 66 Cal.2d 24, 56 Cal.Rptr. 666, 423 P.2d 818). The showing required by a petitioner seeking relief because of mistake, inadvertence, surprise or excusable neglect is the same as required under section 473 of the Code of Civil Procedure (Viles v. State of California, supra ).

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