Petitioner’s (Joseph Vaxmonsky) Writ of Mandate is DENIED.
“Where it is claimed that the findings are not supported by the evidence, in cases in which the court is authorized by law to exercise its independent judgment on the evidence, abuse of discretion is established if the court determines that the findings are not supported by the weight of the evidence. In all other cases, abuse of discretion is established if the court determines that the findings are not supported by substantial evidence in the light of the whole record.” (CCP § 1094.5(c).)
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 Angeles (Fukuda) (1999) 20 Cal.4th 805, 817; Code Civ. Proc., § 1094.5(c).) Petitioner has the burden of persua
Hearing Date
April 18, 2017
For full print and download access, please subscribe at https://www.trellis.law/.
Petitioner’s (Joseph Vaxmonsky) Writ of Mandate is DENIED.
“Where it is claimed that the findings are not supported by the evidence, in cases in which the court is authorized by law to exercise its independent judgment on the evidence, abuse of discretion is established if the court determines that the findings are not supported by the weight of the evidence. In all other cases, abuse of discretion is established if the court determines that the findings are not supported by substantial evidence in the light of the whole record.” (CCP § 1094.5(c).)
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 Angeles (Fukuda) (1999) 20 Cal.4th 805, 817; Code Civ. Proc., § 1094.5(c).) Petitioner has the burden of persua