In South Coast Regional Com. v. Gordon (1977) 18 Cal.3d 832, the court reversed a trial court's refusal to grant a summary judgment to the plaintiff administrative agency. The agency claimed it was entitled to the judgment because the defendant had failed to exhaust his administrative remedies before asserting, as a defense to the agency's suit, a right to an administrative exemption from having to have a permit for construction at his home. The case proceeded to trial and the court found the defendant had a vested right to complete his construction. Judgment in favor of the defendant was entered. The Supreme Court reversed the judgment on the ground the defendant had not presented his exemption claim to the plaintiff agency prior to asserting it as a defense in the suit. The court rejected the defendant's assertion it would be futile to make him go back and seek an exemption from the agency since the agency had already asserted, in the trial court proceedings, that defendant was not entitled to an exemption. The court stated the agency's trial court position "cannot be deemed the equivalent of a determination to the same effect by a vote of the commission after a public hearing." ( Id. at p. 838.)