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DEPT OF ALCOHOLIC BEV. v. ALCOHOLIC BEV. BD.

No. B177986.

25 Cal.Rptr.3d 821 (2005)

DEPARTMENT OF ALCOHOLIC BEVERAGE CONTROL, Petitioner, v. ALCOHOLIC BEVERAGE CONTROL APPEALS BOARD, Respondent; Daniel Becerril Quintanar, Real Party in Interest. Department of Alcoholic Beverage Control, Petitioner, v. Alcoholic Beverage Control Appeals Board, Respondent; KV Mart Co., Real Party in Interest. Department of Alcoholic Beverage Control, Petitioner, v. Alcoholic Beverage Control Appeals Board, Respondent; Richard Leun Kim, Real Party in Interest.

Court of Appeals of California, Second District, Division Seven.

As Modified on Denial of Rehearing April 13, 2005.

Review Granted July 13, 2005.

Attorney(s) appearing for the Case

Bill Lockyer, Attorney General, Jacob A. Appelsmith, Senior Assistant Attorney General, Silvia M. Diaz and Graeme E. Sharpe, Deputy Attorneys General, for Petitioner.

No appearance for Respondent.

Solomon, Saltsman & Jamieson, Ralph Barat Saltsman and Stephen Warren Solomon, Los Angeles, for Real Parties in Interest.

JOHNSON, J.

We issued writs of review under Business and Professions Code section 23090 to consider three decisions of the Alcoholic Beverage Control Appeals Board (the Board). In each case, the Board reversed a decision of the Department of Alcoholic Beverage Control (the Department) on the ground the Department violated the accused's due process rights in conducting its administrative proceedings. After the administrative hearing, the Department's prosecutor prepared...

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