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    Standard Of Review Is Clear For Administrative Interpretations Of Statutes And Rules

    A few days ago, I noted the Court of Appeal's opinion in Davis Test Only Smog Testing v. Dept. of Consumer Affairs, 2017 Cal. App. LEXIS 855.  That post concerned the Court's holding that the plaintiffs' due process rights had not been violated by...

    administrative mandate, Administrative Procedure, chevron deference, Davis Test Only Smog Testing, de novo, independent judgment, Yamaha

    California And Liquidated Damage Clauses

    California Civil Code Section 1671(b) provides that "a provision in a contract liquidating the damages for the breach of the contract is valid unless the party seeking to invalidate the provision establishes that the provision was unreasonable under...

    Section 1671, California Sui Generis, de novo, Judge, krechuniak v. Noorzoy, liquidated damages, penalty, substantial evidence

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