Duval v. Contractors State License Board

BARNARD, P. J.

This is an appeal from an order changing the venue of a proceeding from the Superior Court of San Bernardino County to the Superior Court of Los Angeles County.

The proceeding is one for a statutory writ of mandate, under section 1094.5 of the Code of Civil Procedure, to review the validity of a final order of the Registrar of Contractors revoking the licenses of the petitioners, for an alleged violation of certain provisions of the Business and Professions Code. The petitioner had their principal place of business in San Bernardino County with a branch office in Riverside County, and the charges arose in connection with contracts being performed in both counties. For the convenience of witnesses the administrative hearing on the charges was held in Riverside County.

[533]

The hearing officer prepared a proposed decision which was forwarded to the Registrar of Contractors at his main office in Sacramento where he approved and adopted it, and made an order revoking these licenses.

In response to an alternative writ of mandate issued by the superior court of San Bernardino County the respondents filed a return and a motion for change of venue. After a hearing the court granted the motion and ordered the proceeding transferred to the superior court of Los Angeles County.

On this appeal from that order, the petitioners contend that the venue of this proceeding is governed by section 393, subdivision (b), of the Code of Civil Procedure and rely on the decision in

Cecil

v.

Superior Court,

59 Cal.App.2d 793 [140 P.2d 125]. It was there held that in such a proceeding to review an order, the effect of which is to deprive a citizen of the right to do business, the proper county for trial “is the county in which he carries on the business and in which he will be hurt by enforcement of the order. ’ ’ The respondents contend that the rule there applied has been changed by subsequent legislation; that in 1945 section 11508 of the Government Code and section 1094.5 of the Code of Civil Procedure were adopted on recommendation of the judicial council, the first providing that administrative hearings shall be held in Los Angeles, San Francisco or Sacramento, or nearer the place where the transaction occurred or the respondent resides at the discretion of the state agency, and the second providing for writs of mandate to test the validity of administrative orders, but saying nothing about where applications for such writs should be heard; that because of the unsatisfactory condition created by the ruling in the Cecil case the Legislature, in 1945, added section 16050 to the Government Code (based in part upon former Pol. Code, § 688); that this section made a change of venue to Sacramento County mandatory upon demand of the attorney general “in nonclaim cases”; that in 1947, on suggestion of The State Bar, section 401 of the Code of Civil Procedure was adopted to provide that whenever an action is required by any law to be commenced in or removed to Sacramento County it may be commenced in or tried in any county in which the attorney general maintains an office; that section 401 must be read with 16050 of the Government Code; and that these sections require the removal of this proceeding to Los Angeles County.