Studor, Inc. v. City of Los Angeles

Filed 4/28/06 Studor, Inc. v. City of Los Angeles CA2/8

NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS

California Rules of Court, rule 977(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 977(b). This opinion has not been certified for publication or ordered published for purposes of rule 977.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

SECOND APPELLATE DISTRICT

DIVISION EIGHT

APPEAL from a judgment of the Superior Court for the County of Los Angeles. David P. Yaffe, Judge. Reversed and remanded with directions.

Zimmermann, Koomer, Connolly & Finkel and Scott Z. Zimmermann for Plaintiff and Appellant.

Rockard J. Delgadillo, City Attorney of the City of Los Angeles; Claudia McGee Henry, Senior Assistant City Attorney; and Gerald M. Sato, Deputy City Attorney, for Defendants and Respondents.

Adams Broadwell Joseph & Cardozo, Daniel L. Cardozo and Richard T. Drury for California Pipe Trades Council as Amicus Curiae on behalf of Defendants and Respondents.

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SUMMARY

The manufacturer of a plumbing device sought approval to install the device in the City of Los Angeles. The City's plumbing code allows the City to approve materials and devices not specifically prescribed by the plumbing code, provided that they are the equivalent of prescribed devices or materials in terms of quality, strength, effectiveness, durability and safety. The City, through its Board of Building and Safety Commissioners, refused to approve the device, and the trial court denied the manufacturer's petition for a writ of mandate. We conclude the Board's decision that the manufacturer did not demonstrate the equivalency of its device to the system prescribed in the plumbing code was arbitrary and without any rational foundation in the record before the Board. Accordingly, we reverse the judgment of the trial court.

FACTUAL AND PROCEDURAL BACKGROUND

Before turning to the facts of the case, we relate pertinent background information on the plumbing device at issue, followed by a brief explanation of several organizations, committees and plumbing standards necessary to an understanding of the case.

1. The air admittance valve: background information.

All drainage waste systems – sinks, showers, toilets, tubs and so on – must be vented, allowing air to enter the system. Venting is necessary to maintain a water trap seal underneath the plumbing fixture in order to prevent sewer gases from escaping or backing up into the building through the fixture. The traditional method of venting drainage waste systems, and the method required by the City of Los Angeles, is â€