Irvine

Irvine v. State Board of Equalization

Good Law
1940 Cal. App. LEXIS 103·40 Cal. App. 2d 280·104 P.2d 847
Court of Appeal of CaliforniaAugust 5, 1940Civ. 12565California1,613 words

Opinion

Opinion

White, J.

In October, 1939, petitioner, respondent herein, filed in the Superior Court of Los Angeles County a petition for a writ of mandate directed against the State Board of Equalization of the State of California, appellant herein. Subsequently an amended petition was filed wherein it was alleged that prior to August 10, 1939, the State Board' of Equalization issued to petitioner a license authorizing him to sell alcoholic beverages at a cafe and restaurant owned and operated by him in the city of Los Angeles; that said license was issued to petitioner under the provisions of the act commonly known as the Alcoholic Beverage Control Act (Stats. 1935, p. 1123, as amended by Stats. 1937, p. 1934). The amended petition further averred that on August 16, 1939, the State Board of Equalization notified petitioner in writing that his said license was revoked and canceled. The notice of revocation recited that the cancellation of petitioner’s license was made “under authority of Article XX, Section 22 of the Constitution of the State of California”. It. was further alleged in the amended petition that petitioner was at no time notified of any hearing in connection with said revocation of his…

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