Legal Opinion

Fukuda v. City of Angels

California Supreme Court

Decided June 21, 1999No. S071467PublishedCited by 185 opinions

1Opinion of the Court

Opinion

GEORGE, C. J.

We granted review to address two important questions of administrative law arising in instances in which a trial court is required to exercise “independent judgment” review of an agency determination. First, in exercising such review, must a trial court afford a “strong presumption” that the administrative findings are correct? Second, does the petitioner seeking a writ of administrative mandamus pursuant to Code of Civil Procedure section 1094.5 bear the burden of proving that these findings are incorrect?

The Court of Appeal answered both questions in the negative,…

2Cases cited25 opinions

  1. Yamaha Corp. of America v. State Board of EqualizationCalifornia Supreme Court · 1998
  2. Bixby v. PiernoCalifornia Supreme Court · 1971
  3. Strumsky v. San Diego County Employees Retirement Assn.California Supreme Court · 1974
  4. People v. LangCalifornia Supreme Court · 1989
  5. Drummey v. State Board of Funeral Directors & EmbalmersCalifornia Supreme Court · 1939

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3Cited by185 opinions

  1. Samuels v. MixCalifornia Supreme Court · 1999
  2. People v. SalasCalifornia Supreme Court · 2006
  3. MHC Operating Limited Partnership v. City of San JoseCalifornia Court of Appeal · 2003
  4. JKH Enterprises, Inc. v. Department of Industrial RelationsCalifornia Court of Appeal · 2006
  5. Rialto Citizens for Responsible Growth v. City of RialtoCalifornia Court of Appeal · 2012

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