# Manjares v. Newton

> California Supreme Court · March 18, 1966 · 64 Cal. 2d 365

URL: https://www.frixlaw.com/law-library/cases/5451613

## Case

- **Full name:** ROBERT MANJARES, and v. DR. ROBERT E. NEWTON, and
- **Court:** California Supreme Court
- **Decided:** March 18, 1966
- **Citations:** 64 Cal. 2d 365; 49 Cal. Rptr. 805; 411 P.2d 901; 1966 Cal. LEXIS 261
- **Precedential status:** Published
- **Opinion:** Dissent by Burke
- **Judges:** Burke, McComb, Mosk, Peek, Peters, Tobriner, Traynor
- **Cited by:** 35 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/5451613

## Opinion text

BURKE, J.
-I dissent. I would reverse the judgment for the reasons expressed by Mr. Presiding Justice Draper in the opinion prepared by him for the District Court of Appeal in Manjares v. Newton (Cal.App.) 44 Cal.Rptr. 343 . As declared in that opinion, “There is testimony that reasons of safety, economy and policy support the board’s decision. The contrary evidence, given its utmost effect, shows only that there may be some basis for contrary conclusions on these questions. But under the statute [Ed. Code, § 16801], the decision is for the board, and not the courts. At most, the wisdom of the board’s decision is reasonably debatable. That is not enough to warrant the finding [of abuse of discretion] here made.”
McComb, J., concurred.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/5451613. Public record. Not legal advice.