Legal Opinion

City of Fairfield v. Superior Court

California Supreme Court

Decided July 16, 1975No. S.F. 23209PublishedCited by 94 opinions

1Opinion of the Court

Opinion

TOBRINER, J.

Contending that they were denied a fair hearing on an application for a use permit, E. P. and Jack Anderson, partners doing business as Commercial Real Estate Service (hereafter “Commercial”), sought to depose two of the councilmen who voted to deny the permit. The councilmen refused to answer the questions put by Commercial’s attorney and, when ordered to answer by the trial court, petitioned for writ of prohibition.

We first observe that under Code of Civil Procedure section 1094.5, evidence additional to the administrative record can be introduced only if that evidence…

2Cases cited29 opinions

  1. Citizens to Preserve Overton Park, Inc. v. VolpeSupreme Court of the United States · 1971
  2. Camp v. PittsSupreme Court of the United States · 1973
  3. United States v. MorganSupreme Court of the United States · 1941
  4. Strumsky v. San Diego County Employees Retirement Assn.California Supreme Court · 1974
  5. Topanga Assn. for a Scenic Comm. v. CTY OF LOS ANGELESCalifornia Supreme Court · 1974

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3Cited by94 opinions

  1. Times Mirror Co. v. Superior CourtCalifornia Supreme Court · 1991
  2. Arnel Development Co. v. City of Costa MesaCalifornia Supreme Court · 1980
  3. Hogya v. Superior CourtCalifornia Court of Appeal · 1977
  4. In Re California Public Utilities Commission. Southern California Edison CompanyCourt of Appeals for the Ninth Circuit · 1989
  5. Clark v. City of Hermosa BeachCalifornia Court of Appeal · 1996

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