Start in state court, finish in state court... be careful

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BARICH v. City of Cotati, Dist. Court, ND California 2026

This is typical. While you are offered an "appeal" before a hearing officer, if you do the "appeal" process you are virtually mandated to finish all the way in State court. Appeal #1 is to hearing officer, and appeal #2 is to limited civil division of Superior court. And that is the problem.

The moment you file that appeal to a hearing officer (who is hired repeatedly by the city or county) you are often doomed. This is like HOA law. Judges and ALJ and hearing officers side with the city or the government.

When you get the citation, file in federal court if you have a federal issue. One simple federal issue for these administrative citations is that most of these code officers do not tell you in writing what you have done. They cite some code and attach a photo. A photo most likely does not explain anything. You are to be given "reasonable specificity" of every issue they cite. They can't give you a command like "clean up your yard" or "remove all weeds" those are ambiguous and are most likely due process violations. Do not guess at the photo. Force them to tell you in writing exactly what the violation is. Some will refuse and ignore you. That is when you file a federal complaint.

Here is the TRICKY PART. When they do not make clear your violation in TEXT, with a description, they change the facts right in front of the judge. UNLESS you force them, and pin them down as to what exactly is the unmistakable specific violation - they will ambush you in court.

Its like a TRAFFIC COP giving you a citation citing a 22350 speed violation, writing nothing down, and taking a picture of your car. Where? What time? What exactly did I do? Etc. Do not assume you know what they are talking about because every issue is up to subjective interpretation.

Also, to be clear, hearing officers do not have authority to rule on any constitutional issues, they will ignore you. (See Jamgotchian)

So when you tell him your due process rights were violated... he just lost authority.

"The Ninth Circuit rejected the state's argument and revived his lawsuit. The court ruled that because the CHRB and its hearing officers legally lacked the power to resolve constitutional issues in the first place, their administrative decision could not block (preclude) a plaintiff from later bringing those constitutional claims before a proper federal court."

https://scholar.google.com/scholar_case ... s_sdt=2003

"To decide whether federal common law entitles a state agency decision to preclusive effect, [the courts] proceed in two steps." Jamgotchian v. Ferraro, 93 F.4th 1150, 1154 (9th Cir. 2024). First, the state administrative proceeding must have been "conducted with sufficient safeguards to be equated with a state court judgment" by satisfying the Utah Construction fairness requirements. Id. These requirements are: "(1) that the administrative agency act in a judicial capacity, (2) that the agency resolve disputed issues of fact properly before it, and (3) that the parties have an adequate opportunity to litigate." Id. (internal quotation omitted). Second, if the "state agency proceeding satisfies the Utah Construction factors, [the courts] then turn to state law to determine if, under state law, the agency's decision would be given preclusive effect." Id. (internal quotation omitted). This step requires "defer[ence] to the considered judgments of the courts of the state that an unreviewed agency determination is equivalent to a state court judgment entitled to res judicata and collateral estoppel effect." Id. (internal quotation omitted)."