Judge: James A. Mangione, Case: 37-2020-00041802-CU-MC-CTL, Date: 2023-09-15 Tentative Ruling

SUPERIOR COURT OF CALIFORNIA,

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HALL OF JUSTICE

TENTATIVE RULINGS - September 14, 2023

09/15/2023  09:00:00 AM  C-75 COUNTY OF SAN DIEGO

JUDICIAL OFFICER:James A Mangione

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Civil - Unlimited  Misc Complaints - Other Hearing on Petition 37-2020-00041802-CU-MC-CTL VISTA CANNABIS VILLAGE INC VS CITY OF CHULA VISTA CAUSAL DOCUMENT/DATE FILED:

Petitioner Chula Vista Cannabis Village, Inc.'s Petition for Administrative Writ Pursuant to Code of Civil Procedure Section 1094.5 is denied.

'In a section 1094.5 proceeding, it is the responsibility of the petitioner to produce a sufficient record of the administrative proceedings; otherwise the presumption of regularity will prevail, since the burden falls on the petitioner attacking the administrative decision to demonstrate to the trial court where the administrative proceedings were unfair, were in excess of jurisdiction, or showed prejudicial abuse of discretion. In the absence of an evidentiary record, sufficiency of the evidence is not an issue open to question. Rather, we must presume that the findings were supported by substantial evidence.' (Elizabeth D. v. Zolin (1993) 21 Cal.App.4th 347, 354 (quotation marks, alterations and citations omitted).) Furthermore, by failing to file an opening brief for the hearing, Petitioner has conceded that its petition 'is not meritorious and [there is] cause for its denial.' (CRC 3.113(a).) The minute order is the order of the Court.

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