Lavin

The California Horse Racing Board appeals from the judgment of the superior court of October 23, 1996, ordering that a peremptory writ of mandamus pursuant to Code of Civil Procedure section 1094.5 issue commanding appellant to vacate its decision of December 15, 1995, by which it determined that three horses were disqualified and their purses forfeited.

A. Facts

Lady Blessington and Water Prospector are two horses which finished first in races at Santa Anita Race Track on February 27, 1994, and March 9, 1994, respectively. On April 9, 1994, Top Rung finished second in a race at Santa Anita Race Track. The California Horse Racing Board (hereinafter CHRB) took from each horse a postrace urine sample which was tested for the presence of foreign substances at a private laboratory. The laboratory reported that each of the samples contained evidence of the presence of a prohibited drug, scopolamine, a plant alkaloid which is a depressant. The CHRB, acting through its board of stewards, commenced administrative proceedings against the trainers of each of the horses, alleging violations of CHRB rules. On October 31, 1994, the stewards found that there had been violations and…