writ of mandateresolution of questions of law facts are undisputed

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iLaw Dictionary
California
Law Dictionary
Appeal
Writ of Mandate Resolution of Questions of Law-When Facts Are Undisputed
(Seligsohn v. Day)
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Appeal-Writ of Mandate Resolution of Questions of Law-When Facts Are Undisputed
(Seligsohn v. Day)

III. DISCUSSION

The parties apparently agree that our standard of review in a case such as this is de novo. This is plainly correct because, regarding a trial court’s ruling on a petition for a writ of mandate, an appellate court can and should make its own determination when the case involves the “resolution of questions of law where the facts are undisputed.” (Evans v. Unemployment Ins. Appeals Bd. (1985) 39 Cal.3d 398, 407; see also Connell v. Superior Court (1997) 59 Cal.App.4th 382, 394.) This appeal clearly involves questions of law, specifically the interpretation and application of provisions of (1) the Public Safety Officers Procedural Bill of Rights Act (Gov. Code, §§ 3300 et seq., hereafter Bill of Rights Act)[2] and (2) the California Public Records Act (CPRA) relating to the inspection of public records (§§ 6250 et seq.). And, of course, it is clear that “the interpretation of a statute is a question of law to be determined by the reviewing court de novo.” (Diamond Benefits Life Ins. Co. v. Troll (1998) 66 Cal.App.4th 1, 5; see also International Federation of Professional & Technical Engineers v. City and County of San Francisco (1999) 76 Cal.App.4th 213, 224; Goodstein v. Superior Court (1996) 42 Cal.App.4th 1635, 1641.)

Seligsohn v. Day 8/10/04 CA1/2

Date Posted	Docket #/File Format	Description
Aug 10 2004	A104117 [PDF] [DOC]	Seligsohn v. Day 8/10/04 CA1/2

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