What is the scope of the review of an order from the Department of Motor Vehicles?

California, United States of America


The following excerpt is from Bank of America v. State Water Resources Control Bd., 116 Cal.Rptr. 770, 42 Cal.App.3d 198 (Cal. App. 1974):

The scope of our review of the agency order and that of the trial court is identical. 'In a case wherein no limited trial de novo is authorized by law, however, the trial court itself exercises an essentially appellate function in that only errors of law appearing on the administrative record are subject to its cognizance. In such a case, therefore, the trial and appellate courts occupy identical positions with regard to the administrative record, and the function of the appellate court, like that of the trial court, is to determine whether that record is free from legal error.' (Merrill v. Dept. of Motor Vehicles (1969) 71 Cal.2d 907, 915--916, 80 Cal.Rptr. 89, 94, 458 P.2d 33, 38.)

Was There Substantial Evidence To Sustain Condition 11?

Other Questions


What is the impact of former California Department of Motor Vehicles legislation on motor vehicle legislation? (California, United States of America)
Can the California Motor Vehicle Board set aside a penalty imposed by the Department of Motor Vehicles? (California, United States of America)
What is the scope of a judicial review of the Department of Motor Vehicles? (California, United States of America)
What is the test for a motor vehicle license holder to sue the Department of Motor Vehicles? (California, United States of America)
What is the test for determining whether a defendant is liable for a motor vehicle accident under the California Vehicle Accident Act or the California Motor Vehicle Act? (California, United States of America)
What is the test for a motion to review an order from the Superior Court of Appeal against a motion of appeal against an order requiring the Court to review the order? (California, United States of America)
Does Vehicle Code section 23558 of the California Vehicle Code provide notice of enhancements to a motor vehicle under Vehicle Code Section 12022.7? (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)
Does a police officer who stops a vehicle for a violation of the Vehicle Code, order the driver and any passengers to step out of the vehicle "pending completion of the stop"? (California, United States of America)
Does section 3110 of the Ontario Motor Vehicle Code of Civil Procedure (Motor Vehicle Accident and Accident Benefits Act) apply to a mechanic's lien claimant? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.