Justia California Court of Appeals Opinion Summaries

The City of San Diego (City) appealed a judgment entered in favor of Save Our Access on its petition for writ of mandate challenging the City’s approval of a 2020 ballot measure proposing amendments to the San Diego Municipal Code and a City ordinance to exclude the Midway-Pacific Highway Community Plan Area from the 30-foot height limit for construction of buildings within the City’s Coastal Zone. The superior court determined the City failed to comply with the California Environmental Quality Act (CEQA) in approving the ballot measure because the administrative record did not support the City’s claim that a 2018 program environmental impact report for the Midway-Pacific Highway Community Plan Update considered the environmental impacts associated with excluding the area from the City’s Coastal Zone height limit. The court also concluded the administrative record supported a fair argument that the ballot measure may have significant environmental impacts that were not previously examined. The court issued a writ of mandate directing the City to set aside its approvals of the ordinance that submitted the ballot measure to the voters and enjoined the City “from taking any steps to further the Project until lawful approval is obtained from the City.” Finding no reversible error, the Court of Appeal affirmed the trial court's judgment. View "Save Our Access v. City of San Diego" on Justia Law

The Monte Vista Villas Project, on the site of the former Leona Quarry, has been in development since the early 2000s. The developers planned to close the 128-acre quarry site, reclaim it, and develop the land into a residential neighborhood with over 400 residential units, a community center, a park, pedestrian trails, and other recreational areas. In 2005, the developers entered into an agreement with Oakland to pay certain fees to cover the costs of its project oversight. The agreement provided that the fees set forth in the agreement satisfied “all of the Developer’s obligations for fees due to the City for the Project.” In 2016, Oakland adopted ordinances that imposed new impact fees on development projects, intended to address the effects of development on affordable housing, transportation, and capital improvements, and assessed the new impact fees on the Project, then more than a decade into development, when the developers sought new building permits.The trial court vacated the imposition of the fees and directed Oakland to refrain from assessing any fee not specified in the agreement. The court of appeal reversed, finding that any provision in, or construction of, the parties’ agreement that prevents Oakland from imposing the impact fees on the instant development project constitutes an impermissible infringement of the city’s police power and is therefore invalid. View "Discovery Builders, Inc. v. City of Oakland" on Justia Law

In 2018, voters in the City of South Lake Tahoe (City) enacted Measure T, an initiative that prohibited the use of dwellings in residential zones as short-term or vacation rentals. Measure T amended the City’s vacation home rental ordinances to bar the City from issuing any new permits for vacation home rentals in residential zones except for permanent residents’ dwellings, and to declare that all such existing and new permits would expire by the end of 2021. Measure T also imposed more strict occupancy limits on vacation rental homes which were to be effective immediately. Plaintiff South Lake Tahoe Property Owners Group brought this action against the City to have Measure T declared unconstitutional. On cross-motions for summary judgment, the trial court granted summary judgment in favor of the City and denied plaintiff’s motion. On appeal, contended Measure T: (1) unconstitutionally interfered with vested property rights; (2) created an unconstitutional durational residency requirement to qualify for the exception to the ban; (3) exceeded the initiative power in violation of land use authority vested in the Tahoe Regional Planning Agency (TRPA); and (4) violated rights of privacy and equal protection by restricting occupancy. After review, the Court of Appeal reversed the trial court to the extent that it found Measure T’s exception for resident owners did not violate the dormant Commerce Clause. The judgment was affirmed in all other respects. View "South Lake Tahoe Property etc. v. City of South Lake Tahoe" on Justia Law

The Court of Appeal reversed the judgment of the juvenile court denying Father's request for an evidentiary hearing on his petition filed under Cal. Welf. & Inst. Code 388 to reinstate reunification services with Minor, holding that, under the circumstances, it was error to deny Father's request for an evidentiary hearing on his section 388 petition.A few days after Minor's birth, the Alameda County Social Services Agency filed a petition on his behalf under Cal. Welf. & Inst. Code 300. The juvenile court terminated the reunification services of Father, who had been incarcerated since before Minor was born, and set a Cal. Well. & Inst. Code 366.26 hearing. The day before the hearing, Father filed his section 388 petition, stating that he had not been provided with services despite the court's orders. The court denied the petition without holding an evidentiary hearing. The Court of Appeal reversed, holding that the juvenile court erred in denying Father's request for an evidentiary hearing on his section 388 petition. View "In re Damari Y." on Justia Law

San Diego City Attorney Mara Elliott successfully moved to strike a defamation complaint filed against her by a former political rival, Cory Briggs, under the California anti-SLAPP (Strategic Lawsuit Against Public Participation) statute. Elliott spent the next seven months fruitlessly trying to collect on the unsatisfied judgment. She then filed a verified memorandum of costs claiming $13,789.10 in postjudgment collection costs, including $12,941.20 in attorney’s fees and $847.90 in other costs. The trial court awarded her the claimed costs, as well as $2,294.07 in postjudgment interest. Briggs appealed the cost award. Finding that the trial court properly awarded Elliott all of the costs identified in the memorandum of costs, the Court of Appeal affirmed. View "Briggs v. Elliott" on Justia Law

Plaintiff-appellant Ratilal Shah sued the California Department of Transportation and the State Merit Award Board (Board), alleging the Board wrongfully denied him cash awards for suggestions that saved the state money. The California Department of Human Resources (CalHR), acting on behalf of the Board, filed a demurrer, claiming the action was barred by the limitations period in Government Code section 19815.8. The trial court agreed and dismissed the complaint as to the Board. On appeal, Shah contended the trial court applied the wrong statute of limitations and that, applying the proper statute of limitations, the action not time-barred. Finding no error, the Court of Appeal affirmed the judgment. View "Shah v. Dept. of Human Resources" on Justia Law

The City of Pomona (the City) decided to allow commercial cannabis activities in specific locales within its boundaries. In doing so, the City determined it was exempt from the requirements of the California Environmental Quality Act (CEQA) and the Guidelines adopted to implement CEQA (Cal. Code Regs.) (Guidelines). Thus, when the City chose areas to locate commercial cannabis activities, it did not conduct additional environmental review under CEQA. Appellant wanted his storefront property included among the locales where commercial cannabis activity would be allowed. The City, however, excluded Appellant’s property. Appellant then filed a petition for writ of mandate to overturn the City’s designation of areas for permissible commercial cannabis activities. He contended the City made the decision improperly by foregoing further environmental review. The superior court denied the petition and entered judgment in favor of the City.   The Second Appellate District affirmed. The court held that the City properly determined that the Project is Exempt per Guidelines Section 15183 and requires no additional environmental review. The court explained that substantial evidence shows the Project’s proposed commercial cannabis activities were similar to or “consistent” with existing land uses or development density established by the 2014 EIR and General Plan Update and thus meet the statutory exemption per Guidelines section 15183. Further, the court found that substantial evidence—the General Plan Update, the 2014 EIR, the Project, the DOS, and Findings of Consistency—shows the Project “has no project-specific effects” that are “peculiar” to it. View "Lucas v. City of Pomona" on Justia Law

Since 1961, Santa Clara County has owned and operated Reid-Hillview Airport, a reliever airport for the San Jose International Airport. Reid-Hillview serves all aviation other than commercial passenger flights and air carrier aviation, supports emergency responses for Bay Area hospitals, and houses Cal Fire and Civil Air Patrol operations. Although the County is required to operate the airport until 2030, in 2018 the Board of Supervisors voted to engage with the City of San Jose in a joint planning process concerning possible alternative uses of Reid-Hillview after 2031. Mohler claims that, in furtherance of this plan, the County intentionally has allowed the airport to fall into disrepair.Mohler sought declaratory and injunctive relief, alleging that the county has committed waste by failing to perform basic maintenance; has failed to repair hangars, rendering one nonfunctional and allowing rust to drip onto planes; and has failed to renew soon-to-expire leases for fixed base operators (which provide support operations such as flight training, aircraft maintenance or repair, and aircraft rental), threatening significant revenue losses. The court of appeal affirmed the dismissal of the suit. Code of Civil Procedure 526a’s prohibition against waste requires more than a mistaken exercise of judgment or discretion. Mohler failed to show that the County has any duty to maintain the airport and failed to allege “dangerous conditions.” View "Mohler v. County of Santa Clara" on Justia Law

The City of San Buenaventura (City) removed a statute of Father Junípero Serra because it is now offensive to significant members of the community. This appeal stems from the denial of the Coalition for Historical Integrity’s (Coalition) writ of mandate requiring the City to restore the statue.   The Second Appellate District affirmed the judgment. The Coalition contends that the removal of the bronze statue requires review under CEQA. Here the 2020 HRG report discusses the history of the statue and the criteria for evaluating its historical significance. Among other matters, the report points out that the bronze replica statue does not meet the 40-year-old threshold required for local designation as a historical landmark. The report constitutes substantial evidence.   Further, the Coalition contends that removal of the bronze statue violates the City’s Specific Plan. The court found the Specific Plan provides that the demolition of a historical resource may require review by the Historic Preservation Committee, the committee that approved removal of the statue. Nothing in the Specific Plan prohibits the destruction or removal of a statue that is listed as a historical resource upon a finding that on reexamination, it, in fact, never had historical value.   Moreover, The Coalition contends that the City failed to follow the procedure set forth in the municipal code for removing landmark status from the statue. But the City found that the bronze statue was never a landmark. That finding is supported by substantial evidence. The code provisions for removing landmark status do not apply. View "Coalition for Historical Integrity v. City of San Buenaventura" on Justia Law

Tulare Lake Canal Company (TLCC) filed a petition for writ of mandate alleging Stratford Public Utility District (SPUD) failed to comply with the California Environmental Quality Act (CEQA) when it granted an easement for a 48-inch water pipeline to Sandridge Partners, L.P. (Sandridge). TLCC applied for a preliminary injunction to halt the construction and operation of the pipeline pending CEQA compliance. The trial court determined TLCC was likely to prevail on the CEQA claim but concluded the relative balance of harms from granting or denying injunctive relief favored denying the injunction. TLCC appealed.   The Fifth Appellate District reversed. The court concluded it is a near certainty that SPUD failed to comply with CEQA when it granted the easement. The construction and operation of the proposed pipeline qualify as a discretionary project approved by SPUD, a public entity. As a result, SPUD was required by CEQA to conduct a preliminary review before granting the easement. This strong showing of likely success on the CEQA claims reduces the showing of relative harms needed to obtain the injunction. Second, the court concluded that the trial court erred in stating there was no evidence of harm to the public generally in allowing the proposed project to go forward. Third, the court found that there is a reasonable probability the preliminary injunction would have been granted if the trial court had identified the harm to the public interest in informed decision-making and included it in balancing the relative harms. View "Tulare Lake Canal Co. v. Stratford Pub. Util. Dist." on Justia Law