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CAPITOL RACING v. CALIFORNIA HORSE RACING BOARD

No. C051744.

75 Cal.Rptr.3d 384 (2008)

161 Cal.App.4th 892

CAPITOL RACING, 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.

Court of Appeal of California, Third District.

As Modified April 22, 2008.

Attorney(s) appearing for the Case

Freidberg & Parker, Edward Freidberg, Sacramento and Susanna V. Pullen, Santa Barbara; Wallace & Schwartz and George M. Wallace, for Real Parties in Interest and Appellants.

Hecht Solbert Robinson Goldberg & Bagley, Gregory S. Markow and Richard A. Schulman, San Diego, for' Plaintiff and Respondent.

No appearance for Defendant and Respondent.

NICHOLSON, Acting P.J.

We are asked in this appeal to determine which statute of limitations governs a challenge to an adjudicative decision of the California Horse Racing Board: the Administrative Procedure Act's statute, which is triggered by service of the decision upon a party, or the statute contained in the state Horse Racing Law, which is triggered on the date of the Horse Racing Board's action. Here, the Horse...

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