Nightlife Partners, Ltd. v. City of Beverly Hills

In Nightlife Partners, Ltd. v. City of Beverly Hills (2003) 108 Cal.App.4th 81, the same attorney advised the city that the application for renewal of a permit was insufficient and later advised the hearing officer at the ensuing administrative appeal. The court held this dual role of advocate and advisor violated petitioner's right to due process. (Id. at p. 98.) The court noted that "'the due process rule of overlapping functions in administrative disciplinary proceedings applies to prevent the participant from being in the position of reviewing his or her own decision or adjudging a person whom he or she has either charged or investigated.' " (Id. at p. 92.)