Following the College’s denial of John’s appeal, John filed a petition for writ of administrative mandate (“writ”) asking a trial court to set aside the College’s sanctions against him. John filed his writ petition under California Code of Civil Procedure Section 1094.5(b), arguing that the trial court should set aside the sanctions because it did not provide him with a “fair trial.” The trial court denied his request, finding that John received a fair hearing.

2014). 2 Cal. Civ. Proc. Code § 1094.5(b) and (c). 3 Westlake Cmty.

of Commerce, Public Comment Letter on California Consumer Privacy Act Regulations at PDF2 – 7-21 (Aug. 22, 2022), https://cppa.ca.gov/regulations/pdf/comments_26_50.pdf; see Minute Order at 3. Minute Order at 3.See id. at 4-5.Id. at 5.Id. ("By way of example, if an Agency regulation passes . . . on October 1, 2023, the Agency will be prohibited from enforcing a violation of said regulation until October 1, 2024.").Id. ("The court declines to mandate any specific date by which the Agency must finalize regulations.").Id. ("Consistent with the plain language of Section 1798.185, subdivision (d), regulations previously passed pursuant to the CCPA will remain in full force and effect until superseding regulations passed by the Agency become enforceable in accordance with the Court's Order.").Id.See Cal. Code Civ. Proc. § 916 ("the perfecting of an appeal stays proceedings in the trial court upon the judgment or order appealed from or upon the matters embraced therein or affected thereby"); Cal. Code Civ. Proc. § 1094.5 ("However, in cases where a stay is in effect at the time of filing the notice of appeal, the stay shall be continued by operation of law for a period of 20 days from the filing of the notice. If an appeal is taken from the granting of the writ, the order or decision of the agency is stayed pending the determination of the appeal unless the court to which the appeal is taken shall otherwise order."). Press Release, Office of the Attorney General, Attorney General Bonta Seeks Information from California Employers on Compliance with California Consumer Privacy Act (July 14, 2023), https://oag.ca.gov/news/press-releases/attorney-general-bonta-seeks-information-california-employers-compliance.*Summer Associate

A contractor who is unhappy with a decision can seek judicial relief by filing a petition for peremptory writ of administrative mandamus in the superior court. The peremptory writ provisions of California Code of Civil Procedure section 1094.5 govern writs and require the superior court to conduct an independent review of the record. The parties may alsoappeal the decision of the superior court to the court of appeal.