On appeal from a denial of a petition, what is the role of the Court of Appeal in reviewing a decision under Code of Civil Procedure section 1094.5?
California, United States of America
The following excerpt is from Cherk v. Cnty. of Marin, A153579 (Cal. App. 2018):
"In reviewing an agency's decision under Code of Civil Procedure section 1094.5, the trial court determines whether (1) the agency proceeded without, or in excess of, jurisdiction; (2) there was a fair hearing; and (3) the agency abused its discretion." (McAllister v. California Coastal Com. (2008) 169 Cal.App.4th 912, 921.) "On appeal from the denial of a petition, our role is identical to that of the trial court." (Id. at p. 922.)
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