Jones v. California Horse Racing Board

Opinion

EAGLESON, J. Eighty-five days after the California Horse Racing Board (Board) determined that Nelson Jones (Jones) was properly excluded from two horseracing tracks (see Bus. & Prof. Code, § 195731-2), he appealed that decision in the superior court, seeking a writ of administrative mandamus. We hold that this action exceeded the 30-day statute of limitations established by section 19463 for this type of administrative challenge.

Facts

On May 6, 1984, Jones was removed from Hollywood Park Race Track (Hollywood Park) pursuant to Board rule 1990 (Cal. Admin. Code, tit. 4, [986]§ 1990). Hollywood Park requested that Jones leave its premises because he repeatedly had been seen gaining access to the Winner’s Circle, a restricted area solely for horse owners, trainers and their friends. Jones also had been seen associating with bookmakers and touts in the clubhouse area.

On May 11, 1984, Jones appealed to the Board for a hearing regarding his exclusion from the Hollywood facility.

On October 13, 1984, while that appeal was pending, Jones attended another racetrack owned by Hollywood Park, Los Alamitos Race Course (Los Alamitos). Jones was excluded from this racetrack for three reasons: he had (1) improperly gained access to a restricted employee parking area by using his wife’s expired and nontransferrable parking pass; (2) improperly entered the more expensive clubhouse area by paying the $2.25 general admission and “walking over” to the $4 clubhouse; and (3) entered the Los Alamitos racecourse without first obtaining a Board hearing adjudication regarding his exclusion from Hollywood Park, in violation of section 19574.

On October 26, 1984, a Board-appointed hearing officer conducted a hearing pursuant to section 19574 to consider Jones’s exclusions from the two racetracks. On November 29, 1984, the Board issued a decision upholding the exclusions.

Eighty-five days later, on February 22, 1985, Jones filed a petition for writ of mandate in the superior court. He contended that the Board’s decision was not supported by substantial evidence and that the evidence demonstrated Hollywood Park’s decision to exclude him was arbitrary.

The Board and Hollywood Park independently responded to Jones’s petition by urging that it was barred by the 30-day statute of limitations in section 19463. Both parties also argued that the Board’s decision was supported by substantial evidence.