In McCann v. City of San Diego (2023) 94 Cal.App.5th 284 (McCann II), the Fourth District Court of Appeal held the trial court exceeded its jurisdiction by failing to discharge a writ of mandate. The writ was issued for the failure to analyze whether a set of projects approved through a mitigated negative
writ of mandate
Sixth District Finds “Substance and Effect” of “Preemptory Writ of Mandate” Decision A Final Judgment for Purposes of CEQA Appeal
By Thomas Law Group on
Posted in Procedural Issues, Remedies
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…