Li v. Super. Ct.
C092584
California Court of Appeal, Third Appellate District · Filed
Published · citable
Modified opinion
Holding
The court held that, although a trial court exercising independent judgment under Code of Civil Procedure §1094.5 must consider the underlying proceeding’s standard of proof when applying the “substantial evidence” review, the long‑standing rule that the phrase “weight of the evidence” in §1094.5(c) is synonymous with a pre‑ponderance of the evidence is unsupported by statutory construction; nevertheless, the petitioner’s mandamus petition was denied because he did not demonstrate that applying a different standard would have produced a different result in the trial court. ---
Statutes construed
- CCP § 1094.5
- EVID § 115
- PROB § 1801