What is the test for a judicial review of a decision by the California Court of Appeal that invalidates a plaintiff's right to retire age discrimination?

California, United States of America


The following excerpt is from 3 Ocean Ave. Corp. v. Santa Monica Rent Control Bd., 228 Cal.App.3d 1548, 279 Cal.Rptr. 636 (Cal. App. 1991):

When a right "has been legitimately acquired or is otherwise 'vested,' and when that right is of a fundamental nature from the standpoint of its economic aspect or its 'effect ... in human terms and the importance ... to the individual in the life situation,' then a full and independent judicial review of that decision is indicated because '[t]he abrogation of the right is too important to the individual to relegate it to exclusive administrative extinction.' ([Bixby v. Pierno (1971) 4 Cal.3d 130,] 144 [93 Cal.Rptr. 234, 481 P.2d 242].)" (Strumsky v. San Diego County Employees Retirement Assn. (1974) 11 Cal.3d 28, 34, 112 Cal.Rptr. 805, 520 P.2d 29; San Marcos Mobilehome Park Owners' Association v. City of San Marcos (1987) 192 Cal.App.3d 1492, 1501, 238 Cal.Rptr. 290.)

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