Swallow v. Cal. Gambling Control CommissionAnnotate this Case
After a hearing, the California Gambling Control Commission (Commission) revoked and refused to renew the gambling license of cross-appellant Eric Swallow. The Commission also imposed a monetary penalty and costs against Swallow. Swallow petitioned the trial court for a writ of mandate, challenging the revocation and nonrenewal of his gambling license, the amount of the monetary penalty, and the costs. The trial court granted Swallow’s petition in part and denied it in part, concluding the Commission did not violate Swallow’s due process rights when it revoked and refused to renew Swallow’s gambling license, except that the Commission may have relied on unproven misconduct. The trial court therefore remanded to the Commission “to ensure that Swallow is not disciplined based on misconduct that was not proven.” The trial court also concluded the amount of the monetary penalty imposed by the Commission was not supported by law, and the costs could only be assessed by the ALJ on remand. It therefore vacated the penalty and costs imposed and remanded for the Commission to redetermine the amount of the penalty and to refer the issue of costs to the ALJ. Both the Commission and Swallow appealed. The Court of Appeal concluded: (1) Business and Professions Code section 19930(c), when considered within the statutory and regulatory framework of the Gambling Control Act, did not authorize the monetary penalty; (2) the Commission had jurisdiction to revoke Swallow’s gambling license; (3) the Commission did not violate Swallow’s due process rights; (4) Swallow failed to present a proper argument challenging the sufficiency of the evidence; and (5) the trial court properly remanded the issue of costs for further proceedings. The Court modified the judgment granting the peremptory writ of mandate to order the Commission to reconsider the monetary penalty in a manner consistent with its opinion instead of the trial court’s order.