Capitol Racing, LLC v. California Horse Racing Board
California Court of Appeal
Freidberg & Parker, Edward Freidberg, Susanna V. Pullen; Wallace & Schwartz and George M. Wallace for Real Parties in Interest and Appellants.
1Opinion of the Court
Opinion
NICHOLSON, Acting P. J
We are asked in this appeal to determine which statute of limitations governs a challenge to an adjudicative decision of the California Horse Racing Board (Racing Board): the Administrative Procedure Act’s statute, which is triggered by service of the decision upon a party, or the statute contained in the state Horse Racing Law (Bus. & Prof. Code, § 19400 et seq.), which is triggered on the date of the Racing Board’s action. Here, the Racing Board did not serve its decision upon the affected party, but the party nonetheless had actual notice of the decision. We…
2Cases cited11 opinions
- Abelleira v. District Court of AppealCalifornia Supreme Court · 1941
- San Francisco Taxpayers Assn. v. Board of SupervisorsCalifornia Supreme Court · 1992
- Miller v. Superior CourtCalifornia Supreme Court · 1999
- City and County of San Francisco v. PadillaCalifornia Court of Appeal · 1972
- Anza Parking Corp. v. City of BurlingameCalifornia Court of Appeal · 1987
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3Cited by9 opinions
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- People v. MozesCalifornia Court of Appeal · 2011
- Millview Cnty. Water Dist. v. State Water Res. Control Bd., California Court of Appeal, 5th District2019
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