“Judicial review of most public agency decisions is obtained by a proceeding for a writ of ordinary or administrative mandate. The applicable type of mandate is determined by the nature of the administrative action or decision. Usually, quasi-legislative acts are reviewed by ordinary mandate and quasi-judicial acts are reviewed by administrative mandate.” (McGill v. Regents of the Univ. of Cal. (1996) 44 Cal.App.4th 1776, 1785.)

Legal Standard

Section 1094.5 of the Code of Civil Procedure is the administrative mandamus provision which structures the procedure for judicial review of adjudicatory decisions rendered by administrative agencies. (Topanga Ass’n for a Scenic Community v. County of Los Angeles, (“Topanga”) (1974) 11 Cal.3d 506, 514-15.) It provides that a writ “issued for the purpose of inquiring into the validity of any final administrative order or decision made as the result of a proceeding in which by law a hearing is required to be given, evidence is required to be taken, and discretion in the determination of facts is vested in the inferior tribunal, corporation, board, or officer, the case shall be heard by the court sitting without a jury.” (Code of Civ. Proc., § 1094.5.)

Procedure

The court may stay the operation of an administrative order or decision pending judgment, or until the filing of a notice of appeal from the judgment or until the expiration of the time for filing the notice, whichever occurs first. (Code of Civ. Proc., § 1094.5(g).)

“Within 20 days after service of the final administrative order or decision of the local agency is made... a person contesting that final administrative order or decision may seek review by filing an appeal to be heard by the superior court, where the same shall be heard de novo, except that the contents of the local agency's file in the case shall be received in evidence." (Gov. Code, § 53069.4(b)(1).)

Labor Commission

Within 15 days after an administrative hearing, the Labor Commissioner must file his or her decision and serve a copy on the parties. (Lab. Code, § 98.1(a).) Within 10 days of service (or 15 days if service is by mail), a party may seek review of the Commissioner’s decision by filing an appeal in the superior court. (Lab. Code, § 98.2(a).) The time limit is jurisdictional, and absent statutory authority, may not be extended. (Pressler v. Donald L. Bren (1982) 32 Cal.3d 831, 837.) “[T]imely filing of a notice of appeal forestalls the [C]ommissioner’s decision, terminates his or her jurisdiction, and vests jurisdiction in the superior court to conduct a hearing de novo.” (Murphy v. Kenneth Cole Productions, Inc. (2007) 40 Cal.4th 1094, 1116.)

"If the party seeking review by filing an appeal to the superior court is unsuccessful in the appeal, the court shall determine the costs and reasonable attorney's fees incurred by the other parties to the appeal, and asses that amount as a cost upon the party filing the appeal. An employee is successful if the court awards an amount greater than zero." (Lab. Code, § 98.2(c).) The statute "acts as a disincentive to appeal the commissioner's decision." (Arias v. Kardoulias (2012) 207 Cal.App.4th 1429, 1438.)