What is the proper procedure for a judicial review of a final administrative order or decision?

California, United States of America


The following excerpt is from Fitzsimmons v. Cnty. of Kern, F074233 (Cal. App. 2018):

Administrative mandamus is the proper procedure for judicial inquiry "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 ...." (Code Civ. Proc. 1094.5, subd. (a).) A proceeding under Code of Civil Procedure section 1094.5 is the exclusive remedy for judicial review of adjudicatory administrative actions of local agencies. (City of Santee v. Superior Court (1991) 228 Cal.App.3d 713, 718, fn. omitted)

Other Questions


What is the test for judicial review of a final order or decision rendered by a state or local administrative agency? (California, United States of America)
What is the test for judicial review by administrative mandate of a final decision or order? (California, United States of America)
What is the legal test for judicial review of a final decision or order rendered by an administrative agency? (California, United States of America)
What is the test for judicial review of a final decision or order rendered by an administrative agency? (California, United States of America)
What is the test for judicial review of a final administrative decision? (California, United States of America)
What is the test for judicial review of a final order or decision rendered by a state agency? (California, United States of America)
When a fee order under review is ordered by a judge other than the trial judge, does the court have any discretion or authority to review the order? (California, United States of America)
Is a judicial review of a decision of the State Bar recommending disbarment or suspension from practice an analogy between criminal proceedings and the resolution of reasonable doubts in the course of judicial review? (California, United States of America)
What is the test for a judicial review of a quasi-judicial administrative decision? (California, United States of America)
What is the judicial review of an order or decision by an administrative agency? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.