California Court of Appeal

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Niles Freeman Equip. v. Joseph, c053200

In a case involving California Disabled Veteran Business Enterprise (DVBE) Program where one of the partners was deemed not a "qualified disabled veteran", decision that plaintiff-partnership did not meet the definition of a DVBE is affirmed where: 1) the administrative agency of the DVBE program is authorized to suspend fraudulent DVBEs even for prior unlawful conduct; 2) plaintiff failed to show the agency violated due process in this case; 3) collateral estoppel did not apply as the agency is not required to consolidate the decertification and suspension proceedings; and 4) agency should not be equitably estopped as the plaintiff could not have reasonably relied to its detriment.

Appellate Information

  • Decided 04/01/2008
  • Published 03/28/2008




  • California Court of Appeal


  • For Appellant:
  • Greenberg Traurig, Gene Livingston, Kathryn Doi and Ray Sardo, for Plaintiffs and Appellants.

  • For Appellees:
  • Edmund G. Brown, Jr., Attorney General, Jonathan K. Renner, Acting Senior Assistant Attorney General, Stephen Acquisto and Geoffrey Graybill, Deputy Attorneys General, for Defendants and Respondents.
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