Petitioner’s challenge to a Specific Plan, which was filed before that plan was adopted, was barred as premature, and its belated attempt to amend its petition after the Specific Plan had been adopted was barred by the statute of limitations. Fix the City, Inc. v. City of Los Angeles 100 Cal. App. 5th 363 (2024).
CERCLA Contribution Action Not Barred by Claim Preclusion
Contribution claims brought under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) are not barred by prior environmental litigation if the property at issue and types of claims brought are distinct from previous claims. GP Vincent III v. Estate of Beard, No. 21-16555 (9th. Cir. May 17, 2023).
Defendants leased the subject property
Preliminary Injunctions in CEQA Cases Require an Evaluation of Harm to the Public Interest in Informed Decision-Making
Concluding that it was a “near certainty” that the Stratford Public Utility District (SPUD) failed to comply with CEQA when it granted an easement for a water pipeline, the appellate court vacated an order denying a preliminary injunction that would have halted construction and operation of the pipeline, and ordered the trial court to reconsider.
Neighbor’s Appeal of Planning Commission Decision Did Not Support Anti-SLAPP Motion
The Court of Appeal ruled that the protected speech or petitioning activity on which an anti-SLAPP motion is based must be a target of the suit and not merely an event that triggered claims unrelated to such speech or activity. Durkin v. City and County of San Francisco, 90 Cal.App.5th 643 (2023).
After the
City Lacked Authority to Close Public Street for Installation of Marilyn Monroe Statue
The City of Palm Springs’ three-year closure of a public street for installation of a statue was unlawful because the Vehicle Code permits only temporary closure of streets for parades or other short-term events, not multi-year closure for installation of semi-permanent structures. Committee to Relocate Marilyn v. City of Palm Springs, 88 Cal.App.5th 607 (2023).
Meritless CEQA Suit Warranted Malicious Prosecution Claim Against Attorney
The court of appeal held that an attorney’s actions in filing and prosecuting a meritless challenge to construction of a single-family home supported a claim for malicious prosecution. Jenkins v. Brandt-Hawley, No A162852 (1st Dist., Dec 28, 2022).
The underlying lawsuit challenged permits issued by the Town of San Anselmo allowing the Jenkins family to
90-Day Limitations Period in Government Code § 65009 Applied to Political Reform Act Challenge to Land-Use Permits
A suit seeking to set aside land-use approvals based on an alleged bribery scheme in violation of the Political Reform Act was subject to the 90-day statute of limitations for actions challenging land-use decisions. AIDS Healthcare Foundation v. City of Los Angeles, No. B311144 (2nd Dist., Dec. 14, 2022).
A federal criminal investigation revealed
California Courts Lack Jurisdiction to Hear Challenges to Regional Housing Needs Allocations
The Fourth District Court of Appeal held that California courts do not have jurisdiction to adjudicate claims involving objections to regional housing needs assessment (RHNA) allocations. City of Coronado v. San Diego Association of Governments, 80 Cal. App. 5th 21 (2022).
The City of Coronado along with three other cities sued San Diego Association of
Order Denying Writ of Administrative Mandamus is a Final, Appealable Judgment
The Court of Appeal held that a ruling denying a petition for writ of mandate constitutes the final judgment in the case and triggers the 60-day period for filing an appeal. Meinhardt v. City of Sunnyvale, 76 Cal.App.5th 43 (2022).
Plaintiff sought a writ of administrative mandamus challenging his suspension for engaging in speech
Claims Against State Board and Regional Water Boards for Failure to Protect Against Agricultural Water Pollution Were Not Subject to Declaratory and Mandamus Relief
The court of appeal held that, in an action against the State Water Resources Control Board and regional water quality control boards for violations of the State Board’s Nonpoint Source (NPS) Policy and the public trust doctrine for failure to protect against agricultural water pollution from crop irrigation, plaintiffs failed to state claims for which