Taylor

Taylor v. Martin

Good Law
105 Cal. Rptr. 211·1972 Cal. App. LEXIS 818·28 Cal. App. 3d 1057
Court of Appeal of CaliforniaNovember 14, 1972Civ. 29557California510 words

Opinion

Opinion

Draper, J.

We cannot accept appellant's contention that the trial court was required to reweigh the evidence. In an administrative mandamus proceeding to review denial of welfare benefits, (this is such a proceeding), the trial court applies the substantial evidence rule, i.e., looks to the evidence before the administrative tribunal only to ascertain whether it includes evidence of substance to support the administrative finding (Bertch v. Social Welfare Dept., 45 Cal.2d 524, 529 [ 289 P.2d 485 ]; County of Contra Costa v. Social Welfare Board, 199 Cal. App.2d 468, 472-473 [ 18 Cal.Rptr. 573 ]. The code (Well & Inst. Code, § 10962) provides that review be “upon questions of law.” The rule is not altered by the recent decision (Bixbyv. Pierno, 4 Cal.3d 130 [ 93 Cal.Rptr. 234 , 481 P.2d 242 ]). Rather, that decision states that a right which is not possessed by and vested in an individual, but is “merely sought by him,” does not warrant reweighing of the evidence, but calls for application of the substantial evidence rule. Although appellant at one time had received general aid, the case before us does, not concern termination of payments, but denial of a new application for aid to…

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