37 Cited authorities

People v. Johnson
26 Cal.3d 557 (Cal. 1980) Cited 4,472 times
Holding that an attorney may not waive a defendant's right to a speedy trial to accommodate the interests of other clients rather than benefit the defendant
Roddenberry v. Roddenberry
44 Cal.App.4th 634 (Cal. Ct. App. 1996) Cited 462 times
In Roddenberry, the issue was whether a marital settlement agreement entitled the plaintiff to her former husband’s postdivorce profits on Star Trek. (Roddenberry, at p. 640.)
Kuhn v. Department of General Services
22 Cal.App.4th 1627 (Cal. Ct. App. 1994) Cited 474 times 1 Legal Analyses
Applying the substantial evidence test to appellate review of State Personnel Board determinations
Strumsky v. San Diego County Employees Retirement Assn
11 Cal.3d 28 (Cal. 1974) Cited 483 times
Holding that the standard applies equally to review of local and statewide agencies
Topanga Assn. for a Scenic Comm. v. Cty of Los Angeles
11 Cal.3d 506 (Cal. 1974) Cited 469 times 4 Legal Analyses
Construing requirements of Gov. Code, § 65906 for zoning variances
City of Long Beach v. Mansell
3 Cal.3d 462 (Cal. 1970) Cited 352 times 4 Legal Analyses
In Mansell, the city had never protested the use of the lands at issue over the course of almost seventy years, and thousands of residents would have been affected by the city's land use action.
Pacific Gas Electric Co. v. Zuckerman
189 Cal.App.3d 1113 (Cal. Ct. App. 1987) Cited 214 times 1 Legal Analyses
In Zuckerman, an expert estimated the value of a property by using a comparative property that "include[d] various fixtures, rights, improvements, and personal property which the property being [valued did] not include."
Clark v. City of Hermosa Beach
48 Cal.App.4th 1152 (Cal. Ct. App. 1996) Cited 147 times
Finding City "violated state law by failing to provide a fair hearing . . . [but] did not offend the federal Constitution, on either procedural or substantive due process grounds"
Nightlife Partners v. City of Beverly Hills
108 Cal.App.4th 81 (Cal. Ct. App. 2003) Cited 91 times
Observing that combination of investigatory and adjudicatory functions is "fraught" with problems, especially where "these dual functions were not held by different sections of a single office, but by a single individual "
Barber v. Long Beach Civil Service Com.
45 Cal.App.4th 652 (Cal. Ct. App. 1996) Cited 107 times
In Barber, the court similarly held that the exercise of independent judgment requires a trial court to "reweigh the evidence by examining the credibility of witnesses," while observing that the contrary rule "has been rejected by numerous cases decided in the post-Strumsky era."
Section 1094.5 - Writ issued for purpose of inquiring into validity of final administrative order or decision made in proceeding requiring hearing
Cal. Code Civ. Proc. § 1094.5 Cited 4,030 times 4 Legal Analyses
Setting forth standard of review
Section 115 - "Burden of proof"
Cal. Evid. Code § 115 Cited 561 times
Specifying application of the preponderance of the evidence burden of proof

Lakhi Sakhrani et al v. City of San Gabriel et al

37 Cited authorities

Holding that an attorney may not waive a defendant's right to a speedy trial to accommodate the interests of other clients rather than benefit the defendant

In Roddenberry, the issue was whether a marital settlement agreement entitled the plaintiff to her former husband’s postdivorce profits on Star Trek. (Roddenberry, at p. 640.)

Applying the substantial evidence test to appellate review of State Personnel Board determinations

Holding that the standard applies equally to review of local and statewide agencies

Construing requirements of Gov. Code, § 65906 for zoning variances

In Mansell, the city had never protested the use of the lands at issue over the course of almost seventy years, and thousands of residents would have been affected by the city's land use action.

In Zuckerman, an expert estimated the value of a property by using a comparative property that "include[d] various fixtures, rights, improvements, and personal property which the property being [valued did] not include."

Finding City "violated state law by failing to provide a fair hearing . . . [but] did not offend the federal Constitution, on either procedural or substantive due process grounds"

Observing that combination of investigatory and adjudicatory functions is "fraught" with problems, especially where "these dual functions were not held by different sections of a single office, but by a single individual "

In Barber, the court similarly held that the exercise of independent judgment requires a trial court to "reweigh the evidence by examining the credibility of witnesses," while observing that the contrary rule "has been rejected by numerous cases decided in the post-Strumsky era."

Setting forth standard of review

Specifying application of the preponderance of the evidence burden of proof