Final Rules (Amended 2022 09 19)_Rule 1 Corrected (1) - Flipbook - Page 98
APPENDIX C
CALIFORNIA CODE OF CIVIL PROCEDURE
ยง 1094.5
JUDICIAL REVIEW.
SUMMARY:
Law by which an employee or agency may issue a writ for the purpose of inquiry made
into the validity of any final administrative order or decision by an inferior tribunal, e.g. Commission, City
Council, etc. The case would be heard by the court without a jury. The inquiry shall extend to the questions
whether the respondent proceeded without a fair trial, or in excess of jurisdiction; whether there was a fair
trial; whether there was any prejudicial abuse of discretion (when the decision is not supported by the
findings or the findings are not supported by the evidence).
(a) Where the writ is issued for the purpose of inquiring into the validity of any final administrative order or
decision made as the result of a proceeding in which by law a hearing is required to be given, evidence is
required to be taken, and discretion in the determination of facts is vested in the inferior tribunal,
corporation, board, or officer, the case shall be heard by the court sitting without a jury. All or part of the
record of the proceedings before the inferior tribunal, corporation, board, or officer may be filed with the
petition, may be filed with respondent's points and authorities, or may be ordered to be filed by the court.
Except when otherwise prescribed by statute, the cost of preparing the record shall be borne by the
petitioner. Where the petitioner has proceeded pursuant to Article 6 (commencing with Section 68630) of
Chapter 2 of Title 8 of the Government Code and the Rules of Court implementing that section and where
the transcript is necessary to a proper review of the administrative proceedings, the cost of preparing the
transcript shall be borne by the respondent. Where the party seeking the writ has proceeded pursuant to
Section 1088.5, the administrative record shall be filed as expeditiously as possible, and may be filed with
the petition, or by the respondent after payment of the costs by the petitioner, where required, or as
otherwise directed by the court. If the expense of preparing all or any part of the record has been borne by
the prevailing party, the expense shall be taxable as costs.
(b) The inquiry in such a case shall extend to the questions whether the respondent has proceeded
without, or in excess of, jurisdiction; whether there was a fair trial; and whether there was any prejudicial
abuse of discretion. Abuse of discretion is established if the respondent has not proceeded in the manner
required by law, the order or decision is not supported by the findings, or the findings are not supported by
the evidence.
(c) Where it is claimed that the findings are not supported by the evidence, in cases in which the court is
authorized by law to exercise its independent judgment on the evidence, abuse of discretion is established if
the court determines that the findings are not supported by the weight of the evidence. In all other cases,
abuse of discretion is established if the court determines that the findings are not supported by substantial
evidence in the light of the whole record.
(d) Notwithstanding subdivision (c), in cases arising from private hospital boards or boards of directors of
districts organized pursuant to the Local Health Care District Law (Chapter 1 (commencing with Section
32000) of Division 23 of the Health and Safety Code) or governing bodies of municipal hospitals formed
pursuant to Article 7 (commencing with Section 37600) or Article 8 (commencing with Section 37650) of
Chapter 5 of Part 2 of Division 3 of Title 4 of the Government Code, abuse of discretion is established if the
court determines that the findings are not supported by substantial evidence in the light of the whole record.
However, in all cases in which the petition alleges discriminatory actions prohibited by Section 1316 of the
Health and Safety Code, and the plaintiff makes a preliminary showing of substantial evidence in support of
that allegation, the court shall exercise its independent judgment on the evidence and abuse of discretion
