Alford v. County of Los Angeles

Filed 7/1/20 CERTIFIED FOR PUBLICATION

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

SECOND APPELLATE DISTRICT

DIVISION EIGHT

JAY ALFORD, B293393

Plaintiff and Appellant, (Los Angeles County Super. Ct. No. VS028361) v.

COUNTY OF LOS ANGELES,

Defendant and Respondent.

APPEAL from a judgment of the Superior Court of Los Angeles County. Lori Ann Fournier, Judge. Reversed.

Jay Alford, in pro. per., for Plaintiff and Appellant.

Peterson Bradford Burkwitz, Avi Burkwitz and Craig G. Marinho for Defendant and Respondent.

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Plaintiff and appellant Jay Alford filed a grievance after the Los Angeles County Department of Children and Family Services (Department) placed his name on the Child Abuse Central Index. After a grievance hearing, the Department decided no modification should be made to the previously substantiated allegations of child abuse by plaintiff, resulting in his name remaining on the Child Abuse Central Index. The Department denied the grievance and served its written decision upon plaintiff by mail. Plaintiff filed a petition for writ of mandate under Code of Civil Procedure section 1094.5, seeking to overturn the decision to keep his name on the Child Abuse Central Index. (All statutory references are to the Code of Civil Procedure.) The trial court granted summary judgment for the Department on the ground that plaintiff’s petition for writ of mandate was barred by the statute of limitations. Plaintiff contends the Department did not serve notice of its decision in compliance with the statute and, for that reason, the statute of limitations did not bar his petition. We agree and therefore reverse. DISCUSSION We review a trial court’s grant of summary judgment de novo. (Yanowitz v. L’Oreal USA, Inc. (2005) 36 Cal.4th 1028, 1037.) This case presents an issue of statutory construction that is likewise subject to review de novo. (People ex rel. Lockyer v. Shamrock Foods Co. (2000) 24 Cal.4th 415, 432.) Section 1094.6 sets the time limits for filing a petition for writ of mandate to obtain judicial review of an administrative decision. Section 1094.6, subdivision (b), provides that where, as here, the agency decision is in writing, any petition challenging the agency decision must be filed within 90 days of the decision becoming final. The decision becomes final on the date the