Section 1164.5 Of Chapter 6.5. Contract Dispute Resolution From California Labor Code >> Division 2. >> Part 3.5. >> Chapter 6.5.
1164.5
. (a) Within 30 days after the order of the board takes
effect, a party may petition for a writ of review in the court of
appeal or the California Supreme Court. If the writ issues, it shall
be made returnable at a time and place specified by court order and
shall direct the board to certify its record in the case to the court
within the time specified. The petition for review shall be served
personally upon the executive director of the board and the
nonappealing party personally or by service.
(b) The review by the court shall not extend further than to
determine, on the basis of the entire record, whether any of the
following occurred:
(1) The board acted without, or in excess of, its powers or
jurisdiction.
(2) The board has not proceeded in the manner required by law.
(3) The order or decision of the board was procured by fraud or
was an abuse of discretion.
(4) The order or decision of the board violates any right of the
petitioner under the Constitution of the United States or the
California Constitution.
(c) Nothing in this section shall be construed to permit the court
to hold a trial de novo, to take evidence other than as specified by
the California Rules of Court, or to exercise its independent
judgment on the evidence.