California, United States of America
The following excerpt is from HPT IHG-2 Props. Trust v. City of Anaheim, 196 Cal.Rptr.3d 326, 243 Cal.App.4th 188 (Cal. App. 2015):
"Under Code of Civil Procedure section 1094.5, there are two alternative standards of review that a trial court uses to review a petition for writ of administrative mandamus. [Citation.] If the administrative decision involved or substantially affected a "fundamental vested right," the superior court exercises its independent judgment upon the evidence disclosed in a limited trial de novo in which the court must examine the administrative record for errors of law and exercise its independent judgment upon the evidence. [Citations.] [Citations.] Where no fundamental vested right is involved, the superior court's review is limited to examining the administrative record to determine whether the adjudicatory decision and its findings are supported by substantial evidence in light of the whole record. [Citation.] [Citation.]" (Benetatos v. City of Los Angeles (2015) 235 Cal.App.4th 1270, 1280, 186 Cal.Rptr.3d 46.)
[243 Cal.App.4th 199]
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