The review upon this writ cannot be extended further than to determine whether the inferior tribunal, Board, or officer has regularly pursued the authority of such tribunal, Board, or officer.
§ 1074.Review Upon Writ
Title 1. Of Writs of Review, Mandate, and Prohibition · Chapter 1. Writ of Review · Enacted 1872 · no amendments on record · Last verified July 29, 2026
In one sentenceSection 1074 narrows the scope of a writ of review to a single question, whether the inferior tribunal, board, or officer regularly pursued its own authority, so the reviewing court cannot reweigh the merits or second-guess discretionary calls made within that authority.
Full Text of § 1074
Plain-English Summary
This is the heart of certiorari review, and it's a narrow one. The court considering a writ of review cannot go further than determining whether the inferior tribunal, board, or officer regularly pursued its authority -- meaning, did it stay within its jurisdiction and follow the procedure the law required.
What the reviewing court can't do is reweigh the evidence, second-guess a decision that was within the tribunal's authority, or substitute its own judgment for a discretionary call the tribunal was entitled to make. Those questions belong to the tribunal, not to the court reviewing it.
This limited scope is what makes § 1068's jurisdictional-excess requirement meaningful at the front end -- the writ only issues for jurisdictional problems in the first place, and § 1074 confirms the review itself stays confined to that same question.
Frequently Asked Questions
Can a writ of review be used to challenge whether the tribunal decided correctly?
No. Section 1074 limits review to whether the tribunal regularly pursued its authority -- not whether its decision on the merits was correct.
What does it mean for a tribunal to have regularly pursued its authority?
It means the tribunal acted within its jurisdiction and followed the procedure the law required, the narrow question a writ of review tests.
Amendment History
Enacted 1872.
Source & verification. Section text is reproduced verbatim from
the Deering's California Codes Annotated / vLex. Enacted by the California Legislature.
Last verified July 29, 2026.
· Official source
Also known as: scope of writ of review californiastandard of review writ of certiorari california