Administrative Law

Even in a case in which the court applies the de novo standard of review to a petition for administrative mandamus, the court reviews for abuse of discretion the administrative agency's refusal to consider new evidence presented after the ALJ's decision.  Here, the court reverses, finding an abuse of discretion in the Appeals Board's refusal to consider a belated declaration… Read More

Under CCP 1094.6, a petition for administrative mandate must be filed within 90 days after the administrative decision becomes final.  But that statutory period does not begin to run until the administrative agency mails its decision to the petitioner with a notice that warns of the 90-day limit on petitioning for mandate and states the date on which the administrative… Read More

Plaintiffs' suit is dismissed for failure to exhaust administrative remedies. The suit challenged the city's establishment of two business improvement districts.  Under the applicable constitutional section authorizing those districts there is a detailed procedure for challenges to the proposed district, hearings and appeals.  The plaintiffs had not pursued those procedures.  They did not properly exhaust administrative procedures just by casting… Read More

Because the notice of abatement of nuisance was properly served by city and because plaintiff did not timely file an administrative appeal thereafter, plaintiff did not exhaust his available administrative remedy and was barred from suing in court to challenge the abatement order. Read More

A licensee of an administrative agency may not short-cut the administrative process by filing a court action seeking declaratory relief interpreting the relevant statutes before administrative disciplinary proceedings have been completed. Read More

The 30-day deadline for an employer to petition for administrative mandamus runs from entry of the OSHA Appeals Board’s order denying reconsideration, not from the employer’s receipt of the order. Read More

Substantial evidence supported finding by the university that a student had cheated on a biology exam, and since this determination was moreover made by a fair procedure, the trial court incorrectly granted the student’s administrative mandamus petition. Read More

Plaintiff, a property owner, had additional administrative remedies he could exhaust after the city changed an ordinance that had previously kept him from getting a building permit. Read More

Plaintiff is estopped from arguing defendant waived untimeliness of her government claim because she misrepresented in the claim when she learned of her claim, making it seem timely when it was not. Read More

The petitioner for a writ of administrative mandamus was correctly charged half the cost of the defendant agency’s preparation of the administrative record since petitioner had unreasonably delayed in preparing the record itself. Read More