Timothy FUKUDA, Plaintiff and Appellant,
v.
CITY OF ANGELS, Defendant and Appellant.
Supreme Court of California.https://leagle.com/images/logo.png
June 21, 1999.
June 21, 1999.
Attorney(s) appearing for the Case
Franscell, Strickland, Roberts & Lawrence, David D. Lawrence, S. Frank Harrell, George J. Franscell, and Ann M. Maurer, Pasadena, for Plaintiff and Appellant.
Lawrence J. Friedman; Silver, Hadden & Silver, Stephen H. Silver and Susan Silver, Santa Monica, for Peace Officers' Research Association of California Legal Defense Fund, Santa Ana Police Officers' Association and San Luis Obispo Sheriffs Office Deputy Sheriffs Association as Amici Curiae on behalf of Plaintiff and Appellant.
Lackie & Dammeier and Michael D. Lackie, Ranch Cucamonga, as Amicus Curiae on behalf of Plaintiff and Appellant.
Curiale Dellaverson Hirschfeld Kelly & Kraemer, McKenna & Cuneo, Liebert, Cassidy & Frierson, San Francisco, Jeffrey Sloan and Jayne Benz Chipman for Defendant and Appellant.
Daniel E. Lungren, Attorney General, and Susan A. Ruff, Deputy Attorney General, as Amicus Curiae on behalf of Defendant and Appellant.
Michael Asimow as Amicus Curiae on behalf of Defendant and Appellant.
Best, Best & Krieger, John E. Brown, Jeffrey V. Dunn and Marco A. Martinez, Riverside, for California School Boards Association, etc., et al. as Amici Curiae on behalf of Defendant and Appellant.
Supreme Court of California.
GEORGE, C.J.
We granted review to address two important questions of administrative law arising in instances in which a trial court is required to exercise "independent judgment" review of an agency determination. First, in exercising such review, must a trial court afford a "strong presumption" that the administrative findings are correct? Second, does the petitioner seeking a writ of administrative mandamus pursuant to Code of Civil Procedure section 1094.5 bear...
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