Capitol Racing, LLC v. California Horse Racing Bd.

Full title: CAPITOL RACING, LLC, Plaintiff and Respondent, v. CALIFORNIA HORSE RACING…

Court: California Court of Appeals, Third District, Sacramento

Date published: Apr 22, 2008

No. C051744 (Cal. Ct. App. Apr. 22, 2008)

Opinion

CAPITOL RACING, LLC, Plaintiff and Respondent, v. CALIFORNIA HORSE RACING BOARD, Defendant and Respondent LOS ALAMITOS QUARTER HORSE RACING ASSOCIATION et al., Real Parties in Interest and Appellants. C051744 California Court of Appeal, Third District, Sacramento April 22, 2008

Super. Ct. No. 03CS01033

ORDER MODIFYING OPINION

THE COURT:

It is ordered that the opinion filed herein on April 3, 2008, be modified as follows:

Delete the second full paragraph on page 8 and replace with the following paragraph:

The Racing Board and Los Alamitos Racing moved to dismiss the petition as untimely under the statute of limitations contained in the Horse Racing Law, Business and Professions Code section 19463. The trial court denied the motion, concluding the petition was filed timely under the APA’s statute of limitations, Government Code section 11523.

This modification does not change the judgment.

NICHOLSON, Acting P.J., MORRISON, J., CANTIL-SAKAUYE, J.