In Y.K.A. v. Redevelopment Agency of the City of Pomona, published on May 27, 2009, the Sixth DCA reversed a summary judgment in favor of the defendant agency. The Agency had obtained summary judgment on the ground that the plaintiff had sued for violation of due process without exhausting judicial remedies -- i.e., petitioning for a writ of administrative mandamus. The appellate court ruled that the agency had the obligation of establishing the elements of the judicial exhaustion defense: That the plaintiff had available an administrative remedy that afforded a quasi-judicial hearing; and that the petitioner failed to pursue it through an administrative mandamus petition.
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