What is the test for appealing against an administrative finding in a personal injury case?

California, United States of America


The following excerpt is from Monterey Coastkeeper v. State Water Res. Control Bd., 239 Cal.Rptr.3d 140, 28 Cal.App.5th 342 (Cal. App. 2018):

Section 13330, subdivision (e), provides that Code of Civil Procedure section 1094.5 shall govern proceedings in the trial court and that the trial court shall exercise its independent judgment on the evidence. "In exercising its independent judgment, a trial court must afford a strong presumption of correctness concerning the administrative findings, and the party challenging the administrative decision bears the burden of convincing the court that the administrative findings are contrary to the weight of the evidence." ( Fukuda v. City of Angels (1999) 20 Cal.4th 805, 817, 85 Cal.Rptr.2d 696, 977 P.2d 693 ( Fukuda ).)

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