CALIFORNIA CASE SUMMARY UPDATE: September 2024 Real Property Case Summaries

By:  Monty A. McIntyre, Esq.

Monty A. McIntyre, Esq.
Helping Attorneys Get Excellent Results

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Here are the case summaries from last month:

CALIFORNIA COURTS OF APPEAL

Environment

Center for Biological Diversity v. County of San Benito (2024) _ Cal.App.5th _ , 2024 WL 3664556: The Court of Appeal reversed the trial court’s order sustaining respondent’s demurrer, without leave to amend, to petitioner’s writ petition seeking to overturn the approval by respondents of an Environmental Impact Report (EIR) and a conditional use permit approving the development of a large commercial roadside attraction known as the Betabel Project. The trial court concluded that the writ petition was untimely and barred by the 30-day statute of limitations in Public Resources Code section 21167(c) for an action alleging that an EIR does not comply with the California Environmental Quality Act (CEQA; Public Resources Code section 21000, et seq.). The trial court determined that the 30-day period began to run with the issuance of a notice of decision (NOD) on October 14, 2022 that followed the Planning Commission’s decision to certify the EIR and approve the application for a conditional use permit for the project. The Court of Appeal disagreed, concluding that the 30-day time period began to run with the issuance of a NOD on November 10, 2022 that was filed following the Board of Supervisors’ denial of the appeals by petitioners and final approval of the project. The writ petition was timely filed within 30-days of this date. (C.A. 6th, filed July 24, 2024, published August 6, 2024.)

Westside L.A. Neighbors Network v. City of L.A. (2024) _ Cal.App.5th _ , 2024 WL 3856885: The Court of Appeal affirmed the trial court’s order denying plaintiff’s writ petition seeking to overturn several actions taken by respondent to facilitate and implement three components of the Westside Mobility Plan, a comprehensive study undertaken to develop short-term solutions and long-term plans for addressing congestion and mobility challenges in the western portion of the City of Los Angeles. Petitioner alleged that respondent’s actions did not comply with the California Environmental Quality Act (CEQA; Public Resources Code section 21000 et seq.). The trial court properly ruled that: (1) the Los Angeles City Planning Commission (CPC) was a decision-making body with authority to certify the environmental impact report (EIR); (2) substantial evidence did not support respondent’s determination that Fee Program Updates were statutorily exempt from CEQA; (3) substantial evidence supported respondent’s determination that the Streetscape Plan was categorically exempt from CEQA; (4) petitioner did not demonstrate the Streetscape Plan fell within the unusual circumstances exception to the application of categorical exemptions; and (5) the EIR was legally adequate. (C.A. 2nd, August 19, 2024.)

Land Use

Holguin Family Ventures v. County of Ventura (2024) _ Cal.App.5th _ , 2024 WL 3807713: The Court of Appeal affirmed the trial court’s order denying a writ petition seeking to overturn respondent’s decision concluding that petitioner winery had violated provisions of the Ventura County Non-Coastal Zoning Ordinance by expanding the winery and wine-tasting area beyond the historical use area, and changing the principal use of the ranch from crop production to a wine tasting/associated event venue without obtaining a conditional use permit, and by their unpermitted installation of a paved parking lot with 40 to 50 parking spaces and charging stations for electric vehicles. The trial court properly applied the substantial evidence standard of review and substantial evidence supported respondent’s decision. The trial court also properly denied petitioners permission to amend their complaint to add a new cause of action for declaratory relief, and properly denied their  third cause of action for declaratory relief. (C.A. 2nd, filed July 24, 2024, published August 13, 2024.)

Check out Monty’s new podcast Trial Alchemy ™ where he interviews outstanding plaintiff and defendant civil trial lawyers, and civil trial judges, who are members of the American Board of Trial Advocates. This podcast is a great way for civil trial lawyers, whether they’ve tried no cases or many cases, to learn from jury trial experts. To listen to the podcast on Spotify, click here. To listen on Apple podcasts, click here. You can also watch and listen to the podcast on YouTube.