I request relevant authorities. Relevant standard of appeal review - fact based.

Question

I request relevant authorities in regard to plaintiff's appeal of court's order denying plaintiff's motion to set aside dismissal of legal action against one of defendants. (Section 904.1(a) (2).) 
 
Relevant standard of appeal review - fact based. 
 
Dismissal was entered as to all complaint (section 581(c)) on plaintiff request upon intention for settlement that was not fulfilled. 
Dismissal of legal action was without prejudice.

James L. Arrasmith · Answer

When appealing a denial of a motion to set aside dismissal, the appellate court applies an abuse of discretion standard of review since such motions are inherently discretionary. 
 
Key California authorities include Zamora v. Clayborn Contracting Group, Inc. (2002) 28 Cal.4th 249, 257-258, which held that discretionary rulings are subject to reversal only if the trial court exceeded the bounds of reason, considering all circumstances before it. In reviewing factual findings, the appellate court must uphold them if supported by substantial evidence, as established in Shamblin v. Brattain (1988) 44 Cal.3d 474, 478-479. The evidence must be viewed in the light most favorable to the prevailing party, resolving all conflicts in support of the order. 
 
For cases involving voluntary dismissals under CCP § 581(c), the California Supreme Court in Huens v. Tatum (1997) 52 Cal.App.4th 259 established that relief may be available under CCP § 473(b) if the dismissal resulted from mistake, inadvertence, surprise or excusable neglect. Your case involving an unfulfilled settlement agreement may fall within these parameters, though you'll need to demonstrate specific facts showing why relief is warranted under the circumstances.

Q: I request relevant authorities. Relevant standard of appeal review - fact based.