What is the standard of review for a motor vehicle application?

California, United States of America


The following excerpt is from San Marcos Mobilehome Park Owners' Assn. v. City of San Marcos, 192 Cal.App.3d 1492, 238 Cal.Rptr. 290 (Cal. App. 1987):

The principles governing the appropriate standard of review are summarized in Berlinghieri v. Department of Motor Vehicles (1983) 33 Cal.3d 392, 395, 188 Cal.Rptr. 891, 657 P.2d 383:

"If the decision of an administrative agency will substantially affect a 'fundamental vested right,' then the trial court must not only examine the administrative record for errors of law, but also must exercise its independent judgment upon the evidence. (Bixby v. Pierno, supra, [1971] 4 Cal.3d 130, 143 [93 Cal.Rptr. 234,

Page 294

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