What is the test for denying a summary denial of a petition for review by the Court of Appeal?

An appeal court only issues a summary denial, if after reviewing the entire record, the court finds the petition is without merit. An order summarily denying a petition for review is a decision on the merits and raises the bar of res judicata. (See Consumers Lobby Against Monopolies v. Public Utilities Com., 25 Cal.3d 891, 901, 160 Cal.Rptr. 124, 603 P.2d 41.) Once judicial review has been exhausted, res judicata bars relitigation in an action to enforce the board's order brought by the ALRB in a superior court.