West Headnote of the Day – July 26, 2010

July 26, 2010

West's Key 30 Appeal and Error
West's Key 30XVI Review
West's Key 30XVI(H) Discretion of Lower Court
West's Key 30k944 Power to Review
West's Key 30k945 k. In General.

30 Appeal and ErrorThe discretion of a trial judge is not a whimsical, uncontrolled power, but a legal discretion, which is subject to the limitations of legal principles governing the subject of its action, and to reversal on appeal where no reasonable basis for the action is shown.
Center for Biological Diversity v. California Fish & Game Comm’n, 82 Cal. Rptr. 3d 855 (Cal. Ct. App. 2008)