What is the standard for substantial evidence review and independent judgment review?

California, United States of America


The following excerpt is from Meoli v. San Diego Civil Serv. Comm'n, D074758 (Cal. App. 2020):

For purposes of the trial court's determination whether the agency abused its discretion, Code of Civil Procedure section 1094.5 does not specify which cases are subject to independent judgment review and which cases are subject to substantial evidence review. (Fukuda v. City of Angels (1999) 20 Cal.4th 805, 811.) Meoli does not advocate for one, rather than the other, standard. To the contrary, he presents both standards and tells us that the appropriate standard depends on whether the petitioner's claim involves "a fundamental vested right"; but he does not discuss what a fundamental vested right is or whether he contends that his claim involves such "a fundamental vested right."

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