If you don’t know your route of review and when to invoke it, you end up like the plaintiff in Tejon Real Estate, LLC v. City of Los Angeles, B247255 (2d Dist. January 23, 2014). In fact, not only did that plaintiff fail to seek review properly, it never even got a final determination subject to review. The plaintiff wanted to build a residence on a vacant lot and received an informal opinion from the fire department that it could not build a residence unless a fire hydrant was installed within 300 feet of the property. It then got an estimate from the city Department of Water & Power (“DWP”)…
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You Might Be an Appellate Lawyer and Not Even Know it
At least, that’s one lesson you can take away from Lee v. Blue Shield of California, case no. B190441 (2d Dist. Sept. 7, 2007). Lee alleged that Blue Shield wrongfully suspended him from its network of medical providers for medical incompetence and then illegally terminated his provider contract for failing to cooperate in the administrative process. His suit alleged tort, contract, and declaratory relief theories. The trial court sustained a demurrer brought on the ground that Lee did not exhaust his administrative remedies because the hearing process (commonly called an “809 hearing” because it is set out at Business and Professions Code sections 809-809.9) was terminated by Blue Shield for…