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■ Y.K.A. Industries, Inc. v. Redevelopment Agency of the City of San Jose, No. H031583

Appellant Y.K.A. Industries, Inc. (YKA) appeals from the trial court’s summary judgment in favor of the Redevelopment Agency of the City of San Jose[1] (Agency) and Nina Grayson, a City employee, on YKA’s cross-complaint.  In a single cause of action, YKA, a subcontractor on an Agency-approved housing project, alleged a claim against the Agency and Grayson for “deprivation of due process under color of state law” pursuant to 42 U.S.C. section 1983[2] (§ 1983) based on the Agency having asserted a prevailing wage violation against YKA in connection with the construction of the project.[3]  YKA sought general and punitive damages and statutory attorney fees.  The trial court granted the Agency and Grayson’s motion for summary judgment on the claim.  The court concluded that YKA had failed to exhaust mandatory judicial remedies—in the form of a petition for writ of mandate to compel the Agency to afford an evidentiary hearing—before filing a legal action for federal civil rights violations and that the doctrine of exhaustion of judicial remedies therefore barred the action.

            YKA appeals, contending that the Agency and Grayson failed to meet their burden on the motion of demonstrating their entitlement to summary judgment as a matter of law.  Because there is no evidence in the record of administrative proceedings that possessed a judicial character and yielded a result adverse to YKA that could have been the subject of review in mandate, and secondarily because the Agency and Grayson offered no evidence that YKA had failed to proceed in mandate even if the doctrine of exhaustion of judicial remedies were to apply, we agree and reverse.

■ Held:

In a due process action involving the assertion of a prevailing wage violation, trial court's grant of summary judgment on the grounds that plaintiff failed to exhaust mandatory judicial remedies is reversed where: 1) there is no evidence in the record of administrative proceedings that possessed a judicial character and yielded a result adverse to plaintiff that could have been the subject of review in mandate; and 2) defendant offered no evidence that plaintiff failed to file a petition for relief in mandate even if the doctrine of exhaustion of judicial remedies were to apply.
Y.K.A. Indus. v. Redevelop. Agency of San Jose -C056832- 4/28/09 CA6
Y.K.A. Indus. v. Redevelop. Agency of San Jose -C056832- 4/28/09 CA6

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