Category: Remedies

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Supreme Court Declines to Stay Court-Imposed Enrollment Cap at UC Berkeley

On March 3, 2022 the California Supreme Court denied UC Berkeley’s (UC’s) request to stay enforcement of a trial court order capping its enrollment for the upcoming year. The denial is the latest development in ongoing CEQA litigation filed by Save Berkeley’s Neighborhoods (SBN) over the UC’s enrollment levels (see TLG’s coverage of related cases … Continue Reading

In Consolidated Appeals, Third District Upholds Multiple Trial Court Decisions in Decades-Long Litigation Over CEQA Review of State Water Project Contracts

In Central Delta Water Agency v. Department of Water Resources (2021) 69 Cal.App.5th 170, the Third District Court of Appeal considered three consolidated appeals arising out of long-term water contracts that have been the subject of repeated rounds of environmental review and litigation lasting decades. In each of the consolidated cases, the Court of Appeal set … Continue Reading

Fifth District Upholds Grant of Petition Challenging Inyo County’s Use of Eminent Domain to Acquire Ownership of Landfill Sites it Leases and Operates Under a Categorical Exemption

In Los Angeles Dept. of Water & Power v. County of Inyo (2021) 67 Cal.App.5th 1018, the Fifth District considered a challenge to a decision by Inyo County (County) to acquire landfill sites owned by the Los Angeles Department of Water and Power (LADWP) through eminent domain. In the published portion of the opinion, the Court … Continue Reading

Sixth District Finds “Substance and Effect” of “Preemptory Writ of Mandate” Decision A Final Judgment for Purposes of CEQA Appeal

In Alliance of Concerned Citizens Organized for Responsible Development v. City of San Juan Bautista, (2018) 29 Cal.App.5th 424, the Sixth District Court of Appeal held that the “substance and effect” of a decision labeled by the trial court as a preemptory writ of mandate nonetheless constituted a final judgment. The City of San Juan … Continue Reading

Categorical Exemption Applies to Single Family Residence Project on Demolished Historical Resource Site

In Bottini v. City of San Diego (2018) 27 Cal.App.5th 281, the Fourth District Court of Appeal held that the City of San Diego (City) violated CEQA where it refused to rely on a categorical exemption and instead required that an EIR be prepared for a single family residence project (Project) on a vacant lot. Invoking … Continue Reading

Fourth District Court of Appeal Upholds Issue Sanction for Misuse of Discovery Process, Obscuring Identity of Parties Sought for Deposition

In Creed-21 v. City of Wildomar (2017) 18 Cal. App. 5th 690, the Fourth District Court of Appeal held that the trial court did not abuse its discretion in imposing an issue sanction against Plaintiff Creed-21 (plaintiff) on standing, which terminated the action, for the misuse of the discovery process in response to a motion … Continue Reading

Second District Court of Appeal Upholds Interlocutory Remand in Shopping Center Project Challenge, Clarifies General Plan Relationship with Projects

In The Highway 68 Coalition v. County of Monterey (2017) 14 Cal.App.5th 883, the Sixth District Court of Appeal affirmed the trial court and upheld the County’s approval of a shopping center proposed by Omni Resources LLC (“Omni”), known as the Corral de Tierra Neighborhood Retail Village (“Project”). The Project, proposed for construction on eleven … Continue Reading

Appellate Court Upholds Trial Court’s Jurisdiction to Discharge Writ for Huntington Beach Senior Center

In an unpublished decision, Parks Legal Defense Fund v. City of Huntington Beach, (2014) Cal. App. Unpub. LEXIS 5050, the Fourth District Court of Appeal upheld the trial court’s jurisdiction to discharge a writ of mandate, but reversed and remanded the trial court’s determination that the subsequent environmental impact report complied with the California Environmental … Continue Reading

Appellate Court Finds No CEQA or Brown Act Violations For Demolition of Buildings by School District

In an unpublished decision in Civilian Conservation Corps Camp Interest Group v. Valley Center Pauma Unified School District, (2014) Cal. App. Unpub. LEXIS 4760, the Court of Appeal for the Fourth Appellate District, Division One, upheld the trial court’s denial of a writ of mandate seeking to compel Valley Center Pauma Unified School District (the … Continue Reading
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