Berg

Berg v. California Horse Racing Board

Good Law
419 F. Supp. 2d 1219·2006 WL 509764·2006 U.S. Dist. LEXIS 11175
United States District Court, Eastern District of CaliforniaMarch 2, 20060204CV2161GEBGGHCalifornia6,120 words

Opinion

Opinion

Burrell, J.

ORDER

Defendants move for summary judgment and/or summary adjudication on Plaintiffs claims. Plaintiff opposes the motion.

BACKGROUND

Defendant California Horse Racing Board (“CHRB”) is a state agency responsible for overseeing all wagered horse racing in the State of California. Cal. Bus. & Prof.Code § 19420. The CHRB has all powers necessary and proper to enable it to effectuate its purpose, including the authority to adopt and enforce rules and regulations, adjudicate disputes arising from the enforcement of those rules and regulations, and license individuals involved in horse racing. Id. §§ 19440, 19510. The CHRB has the authority to delegate its powers and duties to individuals licensed as horse racing Stewards by the State of California. Id. Pursuant to this authority, the CHRB delegated control over every aspect of a horse racing meet to licensed Stewards. 4 Cal.Code Reg. § 1527.

Plaintiff Pamela Berg is a licensed Steward. (Pl.’s Statement of Undisputed Facts (“PSF”) ¶ 4; Berg Decl. ¶ 1.) Since 1991, Plaintiff has entered year-long contracts with the CHRB to work as an Associate Steward and Steward. (PSF ¶ 32; Berg Decl. ¶2.) Her employment contracts do not contain…

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