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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

Section 1094

Citation
Section 1094
Parent Document
Johnson v. Hous. Auth. of Oakland, 250 Cal. Rptr. 3d 686 (2019)
Jurisdiction
California (state)
Effective Date
2019-07-16

Full Text

1,260 chars
Section 1094.5 of the Code of Civil Procedure governs judicial review by administrative mandate of a final decision or order rendered by an administrative agency. Because a decision terminating or denying public assistance affects fundamental vested rights, the trial court exercises independent judgment in reviewing the decision. ( Ruth v. Kizer (1992) 8 Cal.App.4th 380, 385, 10 Cal.Rptr.2d 274 ; Frink v. Prod (1982) 31 Cal.3d 166, 180, 181 Cal.Rptr. 893, 643 P.2d 476.) We review "the record to determine whether the trial court's findings are supported by substantial evidence. We resolve all evidentiary conflicts and draw all reasonable inferences in favor of the trial court's decision, and may overturn the trial court's factual findings only if the evidence is insufficient as a matter of law to sustain them. [Citation.] However, where the determinative issue is legal rather than factual we exercise our independent judgment. [Citation.] 'If the decision of the lower *613court is right, the judgment or order will be affirmed regardless of the correctness of the grounds on which the court reached its conclusion.' " ( LaGrone v. City of Oakland (2011) 202 Cal.App.4th 932, 940-941, 135 Cal.Rptr.3d 750.) 2. Adequacy of the Pre-termination Notice