Barber v. Long Beach Civil Service Commission

In Barber v. Long Beach Civil Service Commission (1996) 45 Cal.App.4th 652, the trial judge was required to exercise the "independent judgment" standard of review in considering a petition for writ of administrative mandate challenging a police officer's dismissal for misconduct. (Id. at p. 658.) The trial judge made statements that clearly showed he misunderstood the standard of review. Because the "trial court's mistake went to the heart of this case" (id. at p. 659), the Court of Appeal remanded the matter for a new trial.