County of Los Angeles v. Department of Industrial Relations

In this appeal from summary judgment in favor of defendant State Department of Industrial Relations (State), plaintiff County of Los Angeles (County) asserts rights to reimbursement for programs alleged to be state mandated. County filed a complaint and petition for mandate claiming reimbursement from State for costs incurred in complying with new elevator earthquake and fire safety regulations promulgated by the California Occupational Safety and Health Administration (OSHA). The trial court concluded these regulations did not constitute a state-mandated program requiring reimbursement and entered summary judgment for State.

County urges three alternative bases of recovery on appeal: (1) principles of administrative collateral estoppel preclude State from relitigating whether the safety regulations amount to a state-mandated program; (2) even if State is not bound by an earlier administrative decision, the definition of “program” articulated in County of Los Angeles v. State of California (1987) 43 Cal.3d 46 [ 233 Cal.Rptr. 38 , 729 P.2d 202 ] (Los Angeles) and relied upon by the trial court is inapplicable to this case; and (3) even if Los Angeles applies, the OSHA…