Nightclub operator brought action against city, seeking damages and declaratory relief and alleging that city inspectors improperly reduced number of patrons allowed at club without first providing hearing.
The Superior Court sustained city’s demurrer without leave to amend. Operator appealed.
The Court of Appeal held that alleged denial of due process to operator did not excuse operator’s failure to exhaust administrative remedies.
Alleged denial of due process to nightclub operator, when its certificate of occupancy was revoked without a hearing, did not excuse operator’s failure to exhaust administrative remedies, precluding operator’s action against city for damages and declaratory relief arising out of such revocation; when certificate of occupancy was revoked, operator could have appealed the revocation itself as well as city’s alleged failure to comport with due process when revoking the certificate.