Huber v. Barger

Opinion

LILLIE, Acting P. J. Evangeline Huber appeals from judgment denying petition for writ of mandamus to set aside order of the Department of Insurance revoking her license to act as a bail agent.

By accusation filed by respondent on February 11, 1970, appellant was charged with a violation of section 1724.5, Insurance Code, in that she was doing business under two fictitious firm names disapproved in writing by respondent commissioner. After a hearing thereon the hearing officer rendered a proposed decision favorable to appellant, but respondent rejected the same, decided the case on the record, issued its decision that appellant violated section 1724.5, Insurance Code, and ordered her license be revoked effective November 30, 1970. After denial of petition for reconsideration appellant filed petition for writ of mandamus in the superior court.

Since 1954 appellant has been licensed to act as a bail agent and since 1966 under the fictitious name Allied Associated Bail-By-Phone Agencies, approved by respondent. On July 3, 1968, she advised respondent commissioner that she was doing business as A Aallied Associated Bail-By-Phone Agencies, was continuing to operate her husband’s bail bond business known as A Aall Areas Associated Telephone Agencies1 upon termination [1094]of his license and desired to continue to operate under the two names; and requested respondent to reserve the two names for her and notify, her of his approval. On July 11, 1968, respondent by letter advised her of the requirements of section 1724.5, Insurance Code; that according to their records Mr. Huber registered the fictitious name “All Areas Associated Telephone Bail Agencies" and if he informs him (respondent) he has relinquished his business to her that he (respondent) may approve the name All Areas Associated Telephone Bail Agencies for her use after she makes the required filing with the county clerk’s office; that their records show she is authorized to use Allied Associated Bail-By-Phone Agencies, but the name A Aallied Associated Bail-By-Phone Agencies has been neither requested nor approved.

By letter dated September 23, 1968, appellant advised respondent commissioner that Huber had been instructed to advise him directly that he has relinquished his business to her; and requested that the names. A Aall Areas Associated Telephone Agencies and A Aallied Associated Bail-By-Phone Bail Agencies be reserved and approved for her use. On October 17, 1968, respondent in writing advised appellant that she is authorized to use the name Allied Associated Bail-By-Phone Agencies; that A Aallied Associated Bail-By-Phone Agencies has neither been requested nor approved; that if Huber abandoned the name All Areas Associated Telephone Bail Agencies and she filed for it he would approve the name for her use; that Huber has filed an abandonment of said name but she has not filed for it and instead has filed for A Aall Areas Associated Telephone Agencies and A Aallied Associated Bail-By-Phone Agencies neither of which names is approved; and “In our opinion, the use of multiple As has. reached the saturation point and any additional approval would be an interference with and too nearly similar to names already filed and in use by other licensees.”