What is the test for resorting to administrative review?

California, United States of America


The following excerpt is from Goodrich Corp. v. State Water Res. Control Bd., B219855, Los Angeles County Super. Ct. No. BS121257 (Cal. App. 2010):

"It is now firmly established in this state that a litigant must invoke and exhaust an administrative remedy provided by statute before he may resort to the courts.... [T]here is no substantial difference, insofar as the necessity for resort to administrative review is concerned, between an erroneous order and one which, it is claimed, is being executed in violation of statutory authority." (United States v. Superior Court (1941) 19 Cal.2d 189, 194.) "[I]t lies within the power of the administrative agency to determine in the first instance, and before judicial relief may be obtained, whether a given controversy falls within the statutory grant of jurisdiction. [Citations.] And even where the statute sought to be applied and enforced by the administrative agency is challenged upon constitutional

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