ST., CALIF. EX REL. DEPT. OF REHAB. v. Superior Ct.

137 Cal.App.3d 282 (1982) 187 Cal. Rptr. 1 THE STATE OF CALIFORNIA ex rel. DEPARTMENT OF REHABILITATION et al., Petitioners,

v.

THE SUPERIOR COURT OF ALAMEDA COUNTY, Respondent; CITY OF OAKLAND, Real Party in Interest.

Docket No. A016948. Court of Appeals of California, First District, Division Four.

November 9, 1982. [284] COUNSEL

George Deukmejian, Attorney General, Michael Franchetti, Chief Deputy Attorney General, Willard Shank, Chief Assistant Attorney General, James Schwartz and Tiffany Franchetti, Deputy Attorneys General, for Petitioners.

No appearance for Respondent.

Richard E. Winnie, City Attorney, and Susan Watkins, Assistant City Attorney, for Real Party in Interest.

OPINION

CHRISTIAN, J.

The State of California, through the Department of Rehabilitation, and the Attorney General of the State of California seek a writ directing respondent court to grant a motion by petitioners for judgment on the pleadings. We grant the writ.

Keith Kellum, a physically handicapped person, sued the Silver Dragon Restaurant, Inc., alleging failure to provide at a place of public accommodation restroom facilities and an access ramp for the handicapped. (Health & Saf. Code, § 19955 et seq. and Civ. Code, § 54 et seq.) The Silver Dragon settled with Kellum but cross-complained for indemnity against the architects who designed the building, the contractor, and the City of Oakland, alleging that each cross-defendant had negligently failed to advise the restaurant management of handicap accessibility requirements. Cross-complainants further alleged that the city had been under a mandatory duty to prevent the construction of buildings which failed to meet these requirements.

Oakland answered and cross-complained against the state and the Attorney General, alleging that the Department of Rehabilitation knew that the city was not exacting compliance with the handicap access requirements of the Health and Safety Code in issuing building permits and failed to advise the city to refuse to issue those building permits. The city alleged that the Attorney General also knew that the city was not denying the building permits and that the Attorney General had neglected official duty by not informing the city of its obligation to refuse to issue building permits for structures not meeting standards for accommodation of handicapped persons.