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 Exhaustion of Judicial Remedies
(City of Lodi v. Randtron)

Exhaustion of Judicial Remedies Rule
(City of Lodi v. Randtron)

D. Exhaustion of Judicial Remedies

     We also reject the City’s claim that Randtron cannot challenge its final administrative order because it failed to exhaust its administrative and judicial remedies. 

     The rule governing the exhaustion of administrative remedies holds that “where an administrative remedy is provided by statute, relief must be sought from the administrative body and this remedy exhausted before the courts will act.” (Abelleira v. District Court of Appeal (1941) 17 Cal.2d 280, 292; 9 Witkin, Cal. Procedure (4th ed. 1997) Administrative Proceedings, § 108, p. 1153.)[31]  The rule does not apply, however, where as here, the administrative officer lacks subject matter jurisdiction to issue the challenged order. (County of Alpine v. County of Tuolumne (1958) 49 Cal.2d 787, 798; Buckley v. California Coastal Com. (1998) 68 Cal.App.4th 178, 191; 3 Witkin, Cal. Procedure, Actions, § 316, pp. 407-408.) 

A lack of subject matter jurisdiction is “an entire absence of power to hear or determine the case, an absence of authority over the subject matter or the parties.” (Abelleira, supra, 17 Cal.2d at p. 288.)

     As we have concluded, the enforcing officer had no authority to issue an administrative abatement action order directing Randtron to clean up the site.  Because the order is void (City and County of San Francisco v. Padilla (1972) 23 Cal.App.3d 388, 400; Ferdig v. State Personnel Bd. (1969) 71 Cal.2d 96, 104), the doctrine of exhaustion of administrative remedies is inapplicable. 

     For this same reason, the exhaustion of judicial remedies is also inapplicable.  That doctrine holds that failure to obtain judicial review of an administrative agency decision by a timely petition for writ of administrative mandamus, renders the administrative order immune from attack under principles of res judicata.  (Knickerbocker, supra, 199 Cal.App.3d at pp. 241-242.)

     Collateral estoppel, which is an aspect of res judicata, has been applied to give preclusive effect to an administrative decision if the issue was actually litigated in an administrative proceeding by an agency acting in its judicial capacity.  (People v. Sims (1982) 32 Cal.3d 468, 478-479; George Arakelian Farmers, Inc. v. Agricultural Labor Relations Bd. (1989) 49 Cal.3d 1279, 1290; Hughes v. Board of Architectural Examiners (1998) 17 Cal.4th 763, 794; Hollywood Circle, Inc. v. Dept. Alcoholic Beverage Control (1961) 55 Cal.2d 728, 731-733; Penn-Co. v. Board of Supervisors (1984) 158 Cal.App.3d 1072, 1077.)[32]  However, an administrative order will not be given preclusive effect when the order is made in excess of the agency’s jurisdiction.  (Aylward v. Board of Chiropractic Examiners (1948) 31 Cal.2d 833, 839; San Francisco v. Padilla, supra, 23 Cal.App.3d at p. 400.)  Because the enforcing officer had no jurisdiction to issue the order, the order has no preclusive effect. 

     Accordingly, we conclude the trial court erred by granting the City’s motion for summary judgment and denying Randtron’s motion for summary judgment.

City of Lodi v. Randtron C0374455-May 05 2004 
 

May 05 2004

C037445 [PDF] [DOC]

City of Lodi v. Randtron C0374455 /5/04 CA3

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