Epstein

This is an appeal from the judgment of the superior court granting respondent a peremptory writ of mandate commanding appellant California Horse Racing Board to set aside its decision and order of March 19, 1962, by which it determined that respondent should not be granted permission to engage in parimutuel wagering and should not be permitted access to racing enclosures within its jurisdiction.

Initially, it should be noted that, contrary to respondent’s contentions, the proceeding before the court below did not constitute a trial de novo. Its findings, therefore, are not binding upon this court on appeal. (Cal. Const., art. IV, § 25a; Shepherd v. State Personnel Board, 48 Cal.2d 41, 46 [ 307 P.2d 4 ]; Flores v. Los Angeles Turf Club, Inc., 55 Cal.2d 736, 745-747 [ 13 Cal.Rptr. 201 , 361 P.2d 921 ].) In reviewing the board’s decision it was not within the province of the superior court to reweigh the evidence; its sole function was to determine from a review of the record whether or not there was any substantial evidence tending to support the board’s findings. If there was such evidence, the board’s findings and decision should be upheld, (Shepherd v. State Personnel Board,…