Lorusso v. City of Azusa
Plaintiff Michael Lorusso, a terminated employee of defendant City of Azusa (city), appeals from the judgment denying his petition for writ of administrative mandamus under Code of Civil Procedure section 1094.5 ( 1094.5), by which he sought to have his dismissal set aside. Plaintiff contends that (1) the trial court failed to apply the required independent judgment, weight of the evidence review to the administrative evidence, (2) the evidence did not support the findings that plaintiff engaged in conduct subject to discipline, (3) the court erred in disallowing testimony by a witness who had been absent from the hearing, and (4) the administrative proceedings were unfair.
We conclude that plaintiffs primary contention, regarding the trial courts use of an incorrect standard of review, is correct. Court therefore reverse and remand for redetermination under the proper standard. This holding renders it premature and unnecessary to decide plaintiffs evidentiary challenge to the findings of the agency and the court. However, Court further determine that plaintiffs remaining two contentions are unmeritorious.
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