The threshold procedural requirements for litigating decisions made by California municipalities are critically important, and failure to meet such requirements generally leads to harsh results. These issues were on full display in Los Globos Corporation v. City of Los Angeles, __ Cal.App.5th __ (2017), a recent decision of the Second District Court of Appeal, published on November 20, 2017, which highlights the importance of exhausting administrative remedies within the generally short statutes of limitation provided in state and local law.
The case arose out of a dispute over several issues regarding the operation of the Los Globos nightclub, including whether the club was required to have a permit to operate a “dance hall” and whether the club had a valid certificate of occupancy for dancing on the first floor of its two-story building. City inspectors eventually confiscated the club’s occupancy load cards and certificate of occupancy, without a public hearing. Under relevant provisions of the Los Angeles Municipal Code, the club had 15 days to appeal the “revocation, suspension, or denial” to a board of building and safety commissioners. Continue Reading Failure to Exhaust Administrative Remedies Dooms Nightclub’s Challenge to City Inspectors’ Administrative Reduction of Allowable Occupancy