Legal Opinion
Knickerbocker v. City of Stockton
California Court of Appeal
Decided March 3, 1988No. C000527PublishedCited by 58 opinions
1Opinion of the Court
Opinion
SPARKS, J.
In this case we consider the relationship between the doctrine of exhaustion of administrative remedies and judicial review under the administrative mandamus statute. (Code Civ. Proc., § 1094.5.)
Plaintiff David Knickerbocker appeals from the order sustaining a demurrer to his second amended complaint without leave to amend. He asserts his causes of action are viable. For reasons different than those advanced by the defendants and accepted by the lower court, we agree that some of the causes of action cannot be maintained. The remaining causes of action are not precluded,…
2Cases cited18 opinions
- Abelleira v. District Court of AppealCalifornia Supreme Court · 1941
- Tameny v. Atlantic Richfield Co.California Supreme Court · 1980
- Alcorn v. Anbro Engineering, Inc.California Supreme Court · 1970
- People v. SimsCalifornia Supreme Court · 1982
- Cole v. Fair Oaks Fire Protection DistrictCalifornia Supreme Court · 1987
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3Cited by58 opinions
- Johnson v. City of Loma LindaCalifornia Supreme Court · 2000
- Morgan v. Regents of the University of CaliforniaCalifornia Court of Appeal · 2000
- Douglas Miller v. County of Santa CruzCourt of Appeals for the Ninth Circuit · 1994
- Guthrey v. State of CaliforniaCalifornia Court of Appeal · 1998
- Brian Dias William Mason, Sr. v. Jose Elique Michael Murray University and Community College System of Nevada University of Nevada, Las VegasCourt of Appeals for the Ninth Circuit · 2006
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