California Court of Appeal

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Ogundare v. Dept. of Industrial Relations, F061162

The trial court improperly granted plaintiff's petition for writ of administrative mandate to set aside a "debarment" decision adopted by defendant that would have precluded plaintiff from bidding or working on public works construction projects for one year, where: 1) the trial court failed to apply the correct standard of review, and should have applied the substantial evidence test because being able to bid or work on public projects did not implicate a fundamental vested right; and 2) there was substantial evidence in the record to support the administrative finding that plaintiff violated the prevailing wage law with intent to defraud.

Appellate Information

  • Decided 03/18/2013
  • Published 03/18/2013

Judges

  • KANE

Court

  • California Court of Appeal

Counsel

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