Pollak v. State Personnel Bd

In Pollak v. State Personnel Bd. (2001) 88 Cal.App.4th 1394, the court held that when a supplemental writ petition is filed following an administrative agency's decision on remand, and the petitioner seeks to relitigate issues already decided by the superior court in the first judgment, the petitioner is "seeking a new trial as to those issues." ( Id. at p. 1405.) Absent compliance with the procedural requirements of sections 657 and 659, the superior court has no power to grant a new trial, and the petitioner is precluded from relitigating issues the court decided in the first judgment. In Pollak, the trial court actually adjudicated each disciplinary charge.