PESCE v. DEPT. ALCOHOLIC BEV. CONTROL

Docket No. S.F. 19959.

51 Cal.2d 310 (1958)

333 P.2d 15

GASTON PESCE, Respondent, v. DEPARTMENT OF ALCOHOLIC BEVERAGE CONTROL et al., Appellants.

Supreme Court of California. In Bank.

December 12, 1958.


Attorney(s) appearing for the Case

Edmund G. Brown, Attorney General, Charles A. Barrett and Wiley W. Manuel, Deputy Attorneys General, for Appellants.

Theodore Golden, Robert N. Stefan and J. Bruce Fratis for Respondent.


SHENK, J.

This is an appeal from a judgment of the Superior Court, Alameda County, ordering a writ of mandate directing the Alcoholic Beverage Control Appeals Board to set aside its order dismissing the petitioner's appeal from a decision of the department.

The question presented is whether section 1013 of the Code of Civil Procedure applies to extend the 40 day period prescribed by section 23081 of the Business and Professions Code for taking an appeal from...

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