California Court of Appeal

Denial of petition for writ of administrative mandamus -- seeking annulment of an administrative decision penalizing petitioner, as -controlling employer- at a multiemployer construction site, for a violation of a Cal/OSHA safety regulation requiring a protective system for excavations deeper than five feet -- is affirmed as plaintiff fails to show grounds for reversal.

Appellate Information

• Decided 01/31/2007
• Published 01/31/2007

Judges

• SIMS, Acting P.J.

Court

• California Court of Appeal

Counsel

• For Appellant:
  
• Law Office of Robert D. Peterson and Robert D. Peterson, Ventura, for Plaintiff and Appellant., Stanton, Kay & Watson and Lawrence H. Kay, San Francisco, for Construction Employers Association as Amicus Curiae on behalf of Plaintiff and Appellant., The Walter Law firm, Fred Walter and Lisa Prince for Associated General Contractors of California as Amici Curiae on behalf of Plaintiff and Appellant.


• For Appellees:
  
• Douglas G. Nareau, Sacramento, J. Jeffrey Mojcher, San Francisco, and James A. Madden, Jr. for California Occupational Safety and Health Appeals Board, Defendant and Respondent., Michael D. Mason, San Francisco, and Amy D. Martin, Pasadena, for Department of Industrial Relations, Division of Occupational Safety and Health, Real Party in Interest and Respondent., WorkSafe Law Center, Frances Schreiberg and Daniel Goldstein, Oakland, for Asian Law Caucus, Centro Legal De La Raza, La Raza Centro Legal and the Legal Aid Society-Employment Law Center, as Amici Curiae on behalf of Defendant and Respondent and Real Party in Interest and Respondent.