Do

Plaintiff and appellant James Do appeals the judgment denying his petition for a writ of administrative mandamus against defendant and respondent the Regents of the University of California (University). (Code Civ. Proc., § 1094.5.) Do’s employment at a University medical facility was terminated in August 2009, based on administrative findings-his statements and acts violated an employment policy against workplace violence or threats.

On appeal, Do contends the trial court incorrectly failed to apply the independent judgment standard of review, because he was a permanent employee deprived of a property right in employment and arguably only legal questions are presented for review. (Sarka v. Regents of University of California (2006) 146 Cal.App.4th 261, 271 [ 52 Cal.Rptr.3d 810 ] (Sarka).) Do next contends that even if the substantial evidence test is applied, insufficient evidence supports the administrative decision that he posed any credible threat to his supervisor.

In response, the University argues the trial court correctly applied the authority of Ishimatsu v. Regents of University of California (1968) 266 Cal.App.2d 854 [ 72 Cal.Rptr. 756 ] (Ishimatsu), which…