Simpson v. City of Santa Monica

FOX, J.

In January, 1955, the police chief of the city of Santa Monica issued plaintiff permit Number 105 to operate a rock steam bath and massage parlor at 2815 Pico Boulevard. On May 20, 1955, after an investigation, the chief revoked

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the permit. Five days later plaintiff duly appealed

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by requesting a hearing before the city council for a restoration of the permit. The city council held such hearing on June 14, 1955. Plaintiff had been present when the hearing date was set. Subsequently a letter was sent to her advising her of the time and place. She was neither present in person nor represented by counsel at the hearing. At the conclusion of the hearing the city council voted to sustain the action of

[388]

the chief in revoking the permit, and authorized the mayor to sign proper findings.

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By her amended and supplemental complaint, plaintiff seeks to have her permit restored. She incorporated in her pleading a transcript of the proceedings before the city council. The demurrer of the city and the chief of police was sustained without leave to amend. The action was thereupon dismissed. Plaintiff appeals from the judgment of dismissal.

Plaintiff’s position is that the entire evidence before the city council was hearsay. She then argues, relying on

Walker

v.

City of San Gabriel,

20 Cal.2d 879 [129 P.2d 349, 142 A.L.R. 1383], and

Desert Turf Club

v.

Board of Supervisors,

141 Cal.App.2d 446, 455 [296 P.2d 882], that hearsay evidence alone is insufficient to support the revocation of her permit. Plaintiff, however, misconceives the state of the record. The evidence before the city council was not entirely hearsay. Officer Tom, who was assigned to investigate plaintiff’s operations, was personally present at the hearing before the city council and testified. True, his report, or at least a part thereof, was read at this hearing. But he testified that the report would be his statement as to the investigation that he made in this matter. Hence he adopted the report as his testimony and vouched for its correctness. Furthermore, he was present and available for cross-examination had plaintiff been present or represented by counsel.