Section 789

Citation: Section 789
Parent Document: Hale v. Morgan, 584 P.2d 512 (1978)
Jurisdiction: California (state)
Effective Date: 1978-09-28
Original Source: https://www.courtlistener.com/opinion/1160324/hale-v-morgan/ ↗

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Finally, in Walsh v. Kirby (1974) 13 Cal.3d 95 [118 Cal. Rptr. 1, 529 P.2d 33], we recently concluded that the Department of Alcoholic Beverage Control could not, despite the literal terms of Business and Professions Code section 24755, secretly cumulate known liquor fair trade violations before filing an accusation in order to exact confiscatory penalties from a liquor retailer. We observed: "The department in the instant case has clearly acted in an excessive manner: first, by proceeding against the licensee in a way designed not to induce conformance with fair trade practices and, second, by imposing cumulative penalties which result in de facto revocation [of the retailer's liquor license] and are excessive when measured against the licensee's conduct and the purposes sought to be achieved by the penalty provisions." (Id., at pp. 103-104, italics added.) We concluded, therefore, that the department's actions in permitting cumulation of penalties had violated principles of due process.

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