Elliott

Elliott v. Contractors' State License Board

Good Law
1990 Cal. App. LEXIS 1394·224 Cal. App. 3d 1048·274 Cal. Rptr. 286·1990 WL 161088
Court of Appeal of CaliforniaSeptember 26, 1990H006381California2,605 words

Opinion

Opinion

Cottle, J.

Daniel Francis Elliott, Jr., appeals from a judgment of the Santa Clara County Superior Court denying a writ of mandate to review an administrative decision. (Code Civ. Proc., § 1094.5.) The petition asked the court to set aside the revocation of appellant’s contractor’s license. The court denied the writ on the grounds that (1) the petition was not filed within the applicable statute of limitations; (2) Elliott had “unclean hands,” in that he was then contracting without a license and had obtained his prior license by fraud; and (3) the petition failed to state a cause of action because the registrar of contractors was not named as a party. Appellant challenges the denial of the writ on each of the grounds asserted by the trial court. Additionally, appellant challenges the findings made and the penalty imposed by the administrative law judge. Because the petition was not filed within the statutory time limit and because the trial court correctly applied the doctrine of unclean hands, we affirm the judgment. We do not reach the merits of the license revocation and penalty determination.

Factual and Procedural Background

In August 1986 appellant was a roofing contractor…

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