Rattray v. Scudder

I dissent. The majority opinion is based upon the premise that: “In determining this appeal it is not necessary to discuss the scope of review by the trial court of the commissioner’s proceedings (see Dare v. Medical Examiners, 21 Cal.2d 790 [136 P.2d 304]; Sipper v. Urban, 22 Cal.2d 138, 140 [137 P.2d 425]), for even if the record of these proceedings is read as if the evidence before the commissioner had been taken by the trial court itself, the trial court’s decision finds no support in the evidence.”

The italicized statement is not borne out by the record, and this error in premise has…