Benetatos

INTRODUCTION

Plaintiffs and appellants Jack Benetatos and his son Nick Benetatos (plaintiffs) own and operate Tam’s Burgers No. 6 (Tam’s), a fast-food restaurant in Los Angeles. They appeal from the trial court’s denial of their petition for writ of mandate that sought to overturn defendant and respondent City of Los Angeles’s (City) determination that plaintiffs operated Tam’s in a manner that constituted a nuisance and the City’s imposition of conditions on the continued operation of Tam’s. Plaintiffs argue that the de novo standard of review applies and that the trial court erred because the conditions at issue were caused by Tam’s being in a high crime area. In affirming the judgment, we hold that the substantial evidence standard of review applies and that there is substantial evidence in support of the administrative determination that plaintiffs’ operation of the restaurant rendered it a nuisance.

BACKGROUND

I. The City’s Nuisance Investigation and Abatement Proceeding

Tam’s is located at 10023 and 10027 South Figueroa Street at the intersection of Figueroa and 101st Streets in Los Angeles. The site has a 12-space surface parking lot and is adjacent to…