McNeil's Inc. v. Contractors' State License Board
McNeil's Inc. v. Contractors' State License Board
Opinion of the Court
Plaintiffs appeal from a judgment denying a peremptory writ in a mandamus proceeding to review the decision of the Registrar of Contractors revoking their licenses.
The license issued to plaintiff McNeil’s Inc., hereinafter referred to as the Corporation, was revoked upon a finding of cause for disciplinary action under sections 7109, 7110 and 7116 of the Business and Professions Code; and the license issued to plaintiff Harold E. McNeil, hereinafter referred to as McNeil, who was vice president and responsible managing officer of the corporation, was revoked under section 7122.5 of the Business and Professions Code.
The Corporation installed a 3-ineh gas line under á plumbing subcontract. The governing city plumbing ordinance required approval of newly installed gas lines by the plumbing inspector before use; and, as a condition to approval, required a 24-hour gauge test showing constant pressure, which would indicate the absence of any leak in the line. Upon completion of the installation in question a preliminary test by the Corporation showed leaks in the line. A subsequent official test purportedly showed the absence of any leaks. The gauge used in making the latter test was obtained and installed by the contractor; was in operation when the inspector arrived; appeared to be attached to the end of a 3-ineh pipe, where the gas line commenced on the outside of the building in which it had been installed, but in reality was attached to a 21-foot capped 2-ineh pipe inserted into and hidden from view within the 3-inch pipe; and consequently
Premised on the foregoing incident, disciplinary proceedings were instituted against the corporation and McNeil. The accusation charged, and the Registrar of Contractors found, in substance, that before undertaking the official test of the gas line the corporation put water therein and inserted the 2-inch pipe in the manner aforesaid, and this conduct constituted cause for disciplinary action under Business and Professions Code sections 7109, 7110 and 7116.
The trial court concluded the evidence supported the finding the Corporation had inserted the 2-inch pipe in the gas line and caused the official test to be limited to the 2-ineh pipe, but did not support a finding the corporation had put into the line the water found therein.
On appeal plaintiffs: (1) Contend the findings do not support the decision; (2) attack the sufficiency of the evidence to support the decision; (3) claim an abuse of discretion in the admission of evidence; and (4) assert the refusal of the trial court to remand the proceedings to the registrar for further consideration of the penalty issue was error.
Pervading a consideration of the issues on appeal is the fact that although the formal charges and the findings thereon against the corporation are couched in language asserting causes for disciplinary action under the various sections of the Business and Professions Code, the gist of the charges and the findings is misconduct in fraudulently obtaining official approval of the gas line installed by inserting a 21-foot capped 2-inch pipe into the 3-ineh pipe thus limiting the test
The form of the document used by the registrar to express his decision segregates the findings of fact, the determination of issues and the order. In substance, that part of the decision determining the issues also is a finding of ultimate fact. (Cf. Bailey v. Department of Alcoholic Beverage Control, 201 Cal.App.2d 348, 351 [20 Cal.Rptr. 264].) The segregation is of no consequence in determining what facts actually were found and upon which the registrar based his order. (Gen. see Alkus v. Johnson-Pacific Co., 80 Cal.App.2d 1, 5-7 [181 P.2d 72].) The findings of the registrar are to be liberally construed (Bailey v. County of Los Angeles, 46 Cal.2d 132, 136 [293 P.2d 449]; Jack P. Meyers, Inc. v. Alcoholic Beverage etc. Appeals Board, 238 Cal.App.2d 869, 873 [48 Cal.Rptr. 259]); need not be stated with the formality required in judicial proceedings (Swars v. Council of City of Vallejo, 33 Cal.2d 867, 872 [206 P.2d 355]); and include facts implied from the determination that cause for disciplinary action has been established against the contractor under Business and Professions Code sections 7109, 7110 and 7116. (Bailey v. County of Los Angeles, supra, 46 Cal.2d 132, 136; Swars v. Council of City of Vallejo, supra, 33 Cal.2d 867, 872; Savelli v. Board of Medical Examiners, 229 Cal.App.2d 124, 135 [40 Cal.Rptr. 171]; Buckley v. Savage, 184 Cal.App.2d 18, 30 [7 Cal.Rptr. 328]; Rudolph v. Athletic Com., 177 Cal.App.2d 1, 16 [1 Cal.Rptr. 898].) Judged by the foregoing
Plaintiffs also contend the findings are incomplete because they did not cover all of the factual issues. The facts to which attention is directed are evidentiary facts upon which findings are not required. (Gen. see 48 Cal.Jur.2d 309, § 308.) Although the findings made included many evidentiary facts, the failure to find on other evidentiary facts was not an abuse of discretion.
The attack on the sufficiency of the evidence to support the findings is impliedly raised in plaintiffs’ arguments upon the sufficiency of the findings to support the decision. They claim there is no showing the corporation inserted the 2-inch pipe into the 3-inch gas line. Although there is no direct evidence on the issue, there is circumstantial evidence adequately establishing the fact.
The accusation charged the corporation had violated designated sections of the building ordinance respecting the inspection of newly installed gas lines. Plaintiffs claim the evidence does not show the gas line in question would not have met the testing requirements prescribed by the building ordinance. This claim is premised on the fact the test conducted was with 60 pounds of air pressure whereas, allegedly, for the type of piping in question only 10 pounds of pressure was prescribed. However, the corporation, by its fraudulent conduct, subverted any test of the gas line it had installed and whether the line would have withstood the testing pressure allegedly prescribed is immaterial. Furthermore, the corporation conducted the test; supplied the gauge; set the air pressure; and by its action indicates the test administered was the test required.
The officer conducting the hearing upon the accusation, over objection by plaintiffs, admitted in evidence a judg
The judgment is affirmed.
Brown (Gerald), P. J., and Whelan, J., concurred.
The opinion in Lundborg v. Director of the Department of Professional etc. Standards, supra, 257 Cal.App.2d 141, did not consider the decision in Contractors’ State License Board v. Superior Court, 187 Cal.App.2d 557, 562 [10 Cal.Rptr. 95], approving the application of the doctrine of collateral estoppel hy judgment in a contractor's license revocation proceeding.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.