Sue Jones v. City of Orange Cove

MEMORANDUM

Plaintiff Sue Jones appeals from the district court’s grant of summary judgment to Defendant City of Orange Cove. Summary judgment was based solely on Jones’ failure to file a petition for a writ of administrative mandamus to challenge the City Council’s decision. The district court concluded that this failure renders the City Council’s decision res judicata. We have jurisdiction under 28 U.S.C. § 1291 , and we reverse and remand.

Under California law, a party challenging an administrative decision “made as a result of a proceeding in which by law a hearing is required to be given, evidence is required to be taken, and discretion in the determination of facts is vested,” is generally required to file a petition for a writ of administrative mandamus in order to challenge that decision. Cal.Civ.Proc.Code § 1094.5(a). Orange Cove Municipal Code § 15.17.070 required the Orange Cove City Council to hold a hearing and take evidence when considering Jones’ appeal. Under California law, if a party fails to file for a writ of administrative mandamus when one is required and, instead, collaterally attacks the administrative decision in court, the administrative decision is…