California Court of Appeal

In a due process action involving the assertion of a prevailing wage violation, trial court's grant of summary judgment on the grounds that plaintiff failed to exhaust mandatory judicial remedies is reversed where: 1) there is no evidence in the record of administrative proceedings that possessed a judicial character and yielded a result adverse to plaintiff that could have been the subject of review in mandate; and 2) defendant offered no evidence that plaintiff failed to file a petition for relief in mandate even if the doctrine of exhaustion of judicial remedies were to apply.

Appellate Information

• Decided 05/27/2009
• Published 05/27/2009

Judges

• DUFFY, J.

Court

• California Court of Appeal

Counsel

• For Appellant:
  
• Edwin C. Schreiber, Eric A. Schreiber, Law Offices of Schreiber & Schreiber, Inc., Encino, for Cross-Complainant and Appellant.


• For Appellees:
  
• Richard Doyle, George Rios, Robert Fabela, Office of City Atty., San Jose, for Cross-Defendants and Respondents.