FN cuatro. New Board can make zero contention within notice that management mandate is not the ideal option neither that separate wisdom test was inapplicable. I do notice, but not, the two standards off comment in which a try legal feedback an administrative agency’s results, the good evidence ensure that you the brand new independent view take to, concern only the writeup on truthful findings. (Strumsky v. North park County Staff Retirement Assn. (1974) eleven Cal. 3d twenty eight, 44-45 [112 Cal. 805, 520 P.2d 31].) This new extent out of feedback will not affect report about administrative determinations that are not truthful results. (Zink v. City of Sausalito (1977) 70 Cal. Software. three dimensional 662, 665 [139 Cal. 59].) Where, as the here, the main points are not within the dispute, it is unimportant into the influence whether or not the ample research or the independent judgment shot applies.
FN 5. The term « residence » is actually an expression with no unique definition, basically demanding construction in regard to the law otherwise purpose in which its functioning. (See in re also Morelli (1970) 11 Cal. Software. three-dimensional 819, 830 [91 Cal. 72].) It is apparently reported to be just « domicile. » (Discover Elec. Password, 2 hundred, subd. (a);Burt v. Scarborough (1961) 56 Cal. 2d 817, 820 [17 Cal. 146, 366 P.2d 498] (construing « residence » to have area intentions).) If keyword « residence » is certified because of the such as for example terms as the « actual » or « real, » it is utilized in a feeling which will prevent a person out-of setting-up more than one residence, and also the quarters should be the dominant place of house. (Comprehend the bodies talked about supra, and seeBurt v. 2d at p. 820.)
FN 6. As the result is an identical the process is different. (Eisley v. Continue reading « We do not address these problems inside opinion »