Writ of Administrative Mandate -- DENIED
Respondent City of Newport Beach’s Objections to the Declaration of Paul Matheis and to Matheis’ Request for Judicial Notice in support of the Petition for Writ of Mandate are SUSTAINED. The proffered evidence, which goes to whether there would be a fiscal impact on the City of a finding in Matheis’ favor and the reasons for the timing of his application for an industrial disability retirement (“IDR”), is not relevant to the issues decided by the Court or to the Court’s conclusion.
For the reasons set forth below, the Petition for Writ of Administrative Mandate, or alternatively, Writ of Mandate is DENIED.
The parties do not appear to dispute the controlling legal authority.
The standard of review on administrative mandamus is independent review. Strumsky v. San Diego County Employees’ Retirement Association (1974) 11 Cal.3rd 28, 32. Under the independent review standard, the trial court determines whether the weight of the evidence supports the
Hearing Date
April 23, 2018
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Writ of Administrative Mandate -- DENIED
Respondent City of Newport Beach’s Objections to the Declaration of Paul Matheis and to Matheis’ Request for Judicial Notice in support of the Petition for Writ of Mandate are SUSTAINED. The proffered evidence, which goes to whether there would be a fiscal impact on the City of a finding in Matheis’ favor and the reasons for the timing of his application for an industrial disability retirement (“IDR”), is not relevant to the issues decided by the Court or to the Court’s conclusion.
For the reasons set forth below, the Petition for Writ of Administrative Mandate, or alternatively, Writ of Mandate is DENIED.
The parties do not appear to dispute the controlling legal authority.
The standard of review on administrative mandamus is independent review. Strumsky v. San Diego County Employees’ Retirement Association (1974) 11 Cal.3rd 28, 32. Under the independent review standard, the trial court determines whether the weight of the evidence supports the