Jones
Jones v. California Horse Racing Board
Opinion
Lead Opinion
Eagleson, J.
Eighty-five days after the California Horse Racing Board (Board) determined that Nelson Jones (Jones) was properly excluded from two horseracing tracks (see Bus. & Prof. Code, § 19573 1 - 2 ), he appealed that decision in the superior court, seeking a writ of administrative mandamus. We hold that this action exceeded the 30-day statute of limitations established by section 19463 for this type of administrative challenge.
Facts
On May 6, 1984, Jones was removed from Hollywood Park Race Track (Hollywood Park) pursuant to Board rule 1990 (Cal. Admin. Code, tit. 4, *986 § 1990). Hollywood Park requested that Jones leave its premises because he repeatedly had been seen gaining access to the Winner’s Circle, a restricted area solely for horse owners, trainers and their friends. Jones also had been seen associating with bookmakers and touts in the clubhouse area.
On May 11, 1984, Jones appealed to the Board for a hearing regarding his exclusion from the Hollywood facility.
On October 13, 1984, while that appeal was pending, Jones attended another racetrack owned by Hollywood Park, Los Alamitos Race Course (Los Alamitos). Jones was excluded from this racetrack for three…