California Court of Appeal

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Y.K.A. Industries, Inc. v. Redevelopment Agency of the City of San Jose, H031583

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.
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