Capitol Racing, LLC v. California Horse Racing Board

We are asked in this appeal to determine which statute of limitations governs a challenge to an adjudicative decision of the California Horse Racing Board (Racing Board): the Administrative Procedure Act’s statute, which is triggered by service of the decision upon a party, or the statute contained in the state Horse Racing Law (Bus. & Prof. Code, § 19400 et seq.), which is triggered on the date of the Racing Board’s action. Here, the Racing Board did not serve its decision upon the affected party, but the party nonetheless had actual notice of the decision. We conclude the statute contained in the Horse Racing Law that is specific to the Racing Board applies, and we therefore reverse the trial court’s contrary decision.

FACTS AND PROCEDURAL HISTORY

We summarized some of the relevant facts in an earlier related unpublished decision, Bardis v. Capitol Racing (May 10, 2006, C046541) (nonpub. opn.), and borrow portions of that summary here while adding modifications and additional facts.

Patrons at racetracks may enjoy a twofold gambling experience: wagering on the five races at the track and wagering on races telecast by satellite from other racetracks. “Impact fees” are…