Can a judge exercise his independent judgment in making a decision in an administrative review?

California, United States of America


The following excerpt is from Don v. Van de Kamp, 216 Cal.App.3d 348, 265 Cal.Rptr. 177 (Cal. App. 1989):

The parties agree the trial judge, in reviewing the administrative record and in making his decision, was entitled to exercise his independent judgment. As stated in subsection (c) of Code of Civil Procedure section 1094.5, "... 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." (County of Alameda v. Board of Retirement (1988) 46 Cal.3d 902, 906, 251 Cal.Rptr. 267, 760 P.2d 464; Strumsky v. San Diego County Employees Retirement Assoc. (1974) 11 Cal.3d 28, 31, 112 Cal.Rptr. 805, 520 P.2d 29; Bixby v. Pierno (1971) 4 Cal.3d 130, 140, 93 Cal.Rptr. 234, 481 P.2d 242.)

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