Tivens

Appellant filed a petition for writ of mandate pursuant to Code of Civil Procedure section 1094.5, seeking judicial review of a determination of respondent Assessment Appeals Board, and alleging that the board overvalued his real property for assessment purposes thereby increasing the property tax payable by him. Respondent’s demurrer on the ground that mandate is not an appropriate remedy was sustained by the trial court without leave to amend. This appeal is from the resulting judgment.

We conclude that the action of the trial court was correct.

Code of Civil Procedure section 1094.5 provides for judicial review through the medium of a proceeding in mandamus of final actions of administrative agencies in proceedings in which the law requires a hearing and evidence to be taken, and in which discretion in the determination of facts is vested in an “inferior tribunal, corporation, board or officer.” The sweep of section 1094.5 is limited, however, by the proposition that a writ of mandate, pursuant to its provisions, is available only where the petitioner has no plain, speedy, and adequate remedy at law. (Grant v. Board of Medical Examiners, 232 Cal.App.2d 820, 826 [ 43…