Collateral Estoppel/Res Judicata/Waiver Applied When Previous Proceeding Was Administrative.

31-year employee of a water district who delivered water to farmers was involved in an on-duty vehicular accident while driving a district truck.  The police report on the accident indicated the employee had consumed alcohol the previous evening.  A field sobriety test was performed and police determined he still had alcohol in his system with a blood-alcohol level of .031 at the time of the accident. The police concluded he was not under the influence of an alcoholic beverage but that he caused the accident by failing to yield the right of way. In an administrative hearing, the water district board concluded the employee’s firing for causing a serious accident while affected by alcohol was supported by substantial evidence. The employee challenged the board’s conclusions by filing a civil action in superior court and by seeking extraordinary relief in a writ petition also filed in superior court. The superior court judge granted summary judgment under the principles of res judicata and collateral estoppel, and denied the writ petition, finding he waived his due process and bias claims by failing to raise them in the administrative hearing. The appellate court found the administrative hearing possessed the critical attributes of a quasi-judicial proceeding and agreed with both the reasoning and the ruling of the trial judge.  Basurto v. Imperial Irrigation District (Cal. App. Fourth Dist., Div. 1; December 7, 2012) (Case No. D058353).