1041 20th Street v. Santa Monica Rent Control Bd. (2019)

Citation: 1041 20th Street v. Santa Monica Rent Control Bd. (2019)
Parent Document: 1041 20th Street v. Santa Monica Rent Control Bd. (2019)
Jurisdiction: California (state)
Effective Date: 2019-07-30
Original Source: https://www.courtlistener.com/opinion/4644132/1041-20th-street-v-santa-monica... ↗

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12     20th Street Owner and the Board dispute whether this
court should review the trial court’s or the Board’s factual
findings for substantial evidence. When an administrative
decision affects a fundamental vested right, the trial court must
exercise its independent judgment on the evidence. (Schafer v.
City of Los Angeles (2015) 237 Cal.App.4th 1250, 1260 (Schafer).)
If no fundamental vested right is affected, the trial court reviews
the agency’s factual findings under the substantial evidence test.
(Ibid.) On appeal, if the substantial evidence test applies below,
this court reviews the agency’s findings under the same
substantial evidence test. (Antelope Valley Press v. Poizner
(2008) 162 Cal.App.4th 839, 851.) Likewise, if the independent
judgment test applies, we review the trial court’s findings under
the substantial evidence test. (Ibid.)
       We ultimately need not decide whether a fundamental
vested right was affected. The material facts are undisputed and
we will assume for purposes of this appeal that each of the
elements of equitable estoppel exists.

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