California Standardbred Sires Stakes Committee, Inc. v. California Horse Racing Board

In this appeal we shall hold judicial review of a decision of the California Horse Racing Board (Board) to issue a license is barred by the failure of plaintiff, California Standardbred Sires Stakes Committee, Inc., to file its petition for writ of mandamus in the superior court within the 30-day period provided by statute. We shall therefore reverse the judgment of the superior court granting plaintiff relief and direct that court to deny the petition. Because the proceeding is barred by the statute of limitations, we shall also reverse the superior court’s order awarding plaintiff attorney’s fees.

Plaintiff, California Standardbred Sires Stakes Committee, Inc., was created to administer the California Standardbred Sires Stakes Program, a purpose of which is to promote the breeding of standardbred horses in California (see Bus. & Prof. Code, § 19619). Plaintiff’s sole source of funding is from the breakage and licensing fees generated by harness meets. (See Bus. & Prof. Code, §§ 19491.7, 19619, subd. (f).) The longer a meet, the greater the amount of funds received by plaintiff.

The Board issued a license to Hollywood Park Operating Company (Hollywood Park) to stage a…