January 23, 2011

Summary of January 19, 2011 conference report for civil cases

The following is our summary of the Supreme Court’s actions on petitions for review in civil cases from the Court’s conference on Wednesday, January 19, 2011. The summary includes those civil cases in which (1) review has been granted (not including grant-and-transfers), (2) review has been denied but one or more justices has voted for review, (3) the Court has ordered depublished an opinion of the Court of Appeal, or (4) the Court has denied a Court of Appeal’s publication request. We note that this week the Court has granted review in one civil case, and that that case concerns the California Environmental Quality Act (CEQA). This further underscores the Court’s recent interest in CEQA, a topic discussed in this article in the current issue of Los Angeles Lawyer.

Review Granted

Tomlinson v. County of Alameda, S188161—Review Granted—January 19, 2011.

This is an appeal following the trial court’s denial of the plaintiffs’ petition for a writ of administrative mandate challenging the County of Alameda’s approval of a proposed subdivision development. The question presented is whether the County properly determined that the proposed subdivision was exempt from the California Environmental Quality Act (Pub. Resources Code, § 21000 et seq.) (CEQA) under the categorical exemption for in-fill development (Cal. Code Regs., tit 14, 15332).

The Court of Appeal, First District, Division Five, held in a published decision, Tomlinson v. County of Alameda (2010) 188 Cal.App.4th 1406, that the proposed subdivision was not within municipal boundaries and thus was not “within city limits,” as required for application of the in-fill development exemption. The Court of Appeal instructed the trial court to issue a writ of administrative mandate directing the County to set aside its decision “and to comply with the requirements of CEQA when reconsidering approval of the proposed subdivision.”

Review Denied (with dissenting justices)




Court of Appeal Publication Request Denied


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