ABM Facility Services, Inc. vs. The Occupational Safety and Health Appeals Board, Department of Industrial Relations, State of California

Case No.: 30-2016-00831661-CU-WM-CJC    

TENTATIVE RULING:


The Verified Petition for Writ of Mandate by Petitioner ABM Facility Services, Inc., dba ABM Building Value is denied. The Requests for Judicial Notice filed by the parties are granted.


Scope of Judicial Review:


Labor Code § 6629: The review by the court shall not be extended further than to determine, based upon the entire record which shall be certified by the Appeals Board whether:


(a) The Appeals Board acted without or in excess of is powers. (b) The order or decision was procured by fraud. (c) The order or decision was unreasonable. (d) The order or decision was not supported by substantial evidence. (e) If findings of fact are made, such findings of fact support the order or decision under review.


Nothing in this section shall permit the court to hold a trial de novo, to take evidence, or to exercise its ........