What is the test for exhausting administrative remedies before resorting to the courts?
California, United States of America
The following excerpt is from Peters v. Serv. Emps. Int'l Union, E056428 (Cal. App. 2014):
"In general, a party must exhaust its administrative remedies before resorting to the courts. [Citation.] Under this rule, an administrative remedy is exhausted only upon termination of all available, nonduplicative administrative review procedures. [Citation.]" (City and County of San Francisco v. International Union of Operating
Page 7
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
Is exhaustion of the administrative remedy a jurisdictional prerequisite to resort to court action? (California, United States of America)
Does the exhaustion of remedies doctrine apply to a party who has failed to exhaust judicial remedies? (California, United States of America)
In reviewing the severity of discipline imposed by an administrative body in a mandamus proceeding, does the court need to consider the correctness of the decision of the administrative agency rather than that of the trial court? (California, United States of America)
Does the exhaustion of administrative remedies doctrine apply in situations where the courts lack initial jurisdiction? (California, United States of America)
Whether a court's ruling is based on oral testimony or written declarations, when conflicting inferences can reasonably be drawn from the facts, can the appellate court defer to the trial court's factual determinations? (California, United States of America)
When a factual determination is challenged by an appellate court on the grounds that there is no substantial evidence to sustain it, can the appellate court substitute its deductions for those of the trial court? (California, United States of America)
On a motion to be heard by the Court of Appeal at the Superior Court of California for a change of venue, does the Court have any jurisdiction or authority to hear the motion? (California, United States of America)
What is the test for exhaustion of administrative remedies in medical malpractice cases? (California, United States of America)
When a factual determination is challenged by an appellate court on the grounds that there is no substantial evidence to sustain it, can the appellate court substitute its deductions for those of the trial court? (California, United States of America)
What remedies are available to the Court of Appeal against an unauthorized sentence imposed by the Superior Court? (California, United States of America)
