Tisher

Introduction

Plaintiffs appeal from a judgment of the trial court denying their petition for writ of mandate, certiorari or prohibition.

Statement of Facts

Plaintiffs hold licenses as harness racing drivers issued by defendant California Horse Racing Board (board). Real party in interest Los Alamitos Racing Association (LARA) owns and operates the Los Alamitos racetrack (Los Alamitos) and is licensed by the board to conduct harness racing meetings there during certain times of the year. In 1989 LARA set standards for harness racing drivers which had the effect of excluding plaintiffs as drivers in harness races at Los Alamitos. Plaintiffs petitioned the board to order LARA not to enforce the standards, but the board refused to do so. This action followed.

Lloyd L. Arnold (Arnold) is president, chief executive officer and 50 percent owner of LARA. He testified LARA bought Los Alamitos from the Hollywood Park Operating Company in 1989 for $71 million plus contingencies.

Previously, a company Arnold owned and operated as president had conducted harness racing meetings at Los Alamitos from 1979 through 1983. He also had owned and operated the Golden Bear Racing…