News & Analysis as of

Discovery California Environmental Quality Act

Miller Starr Regalia

Closing the “Golden Door”: California Supreme Court Denies Petitions for Review and Depublication Request in CEQA Administrative...

Miller Starr Regalia on

On November 10, 2020, the California Supreme Court – after briefly raising Petitioners’ hopes by extending the time to consider granting review – finally slammed the door shut on further litigation over a recent Fourth...more

Miller Starr Regalia

Burnishing the “Golden Door”: Fourth District Modifies Recent Opinion Requiring Lead Agency Preservation of CEQA Administrative...

Miller Starr Regalia on

In a detailed 6-page order, issued by Presiding Justice McConnell and filed on August 25, 2020, the Fourth District Court of Appeal denied three petitions for rehearing, and “polished up” its lengthy published opinion filed...more

Miller Starr Regalia

“For the Record”: Fourth District Holds CEQA’s “Mandatory” And “Broadly Inclusive” Administrative Record Statute Requires Lead...

Miller Starr Regalia on

In a 77-page published opinion filed on July 30, 2020, the Fourth District Court of Appeal (Div. One) issued a writ of mandate largely overturning San Diego Superior Court rulings denying plaintiffs’ motions to compel...more

Downey Brand LLP

Agency Email Correspondence Must be Retained Under CEQA, Appeals Court Holds

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In a ruling that should send shivers up the spine of any public agency in California needing to comply with the California Environmental Quality Act (“CEQA”), the Fourth District Court of Appeal on July 30 held that any email...more

Holland & Knight LLP

California Court of Appeal Affirms Case-Ending Sanction in CEQA Lawsuit - Decision Signals Re-Examination of Standing Requirements...

Holland & Knight LLP on

• In Creed-21 v. City of Wildomar et al., the California Court of Appeal, Fourth Appellate District, upheld a lower court's dismissal of a California Environmental Quality Act (CEQA) case filed by a plaintiff's attorney who...more

Perkins Coie

Petitioner’s Failure To Comply With Discovery Regarding Its Standing To Sue Results In Dismissal Of CEQA Case

Perkins Coie on

A CEQA case challenging the City of Wildomar’s approval of a Wal-Mart retail complex has been dismissed because the petitioner refused to comply with discovery requests regarding its standing to sue. Creed-21 v. City of...more

Miller Starr Regalia

Fourth District Upholds Use of CEQA Writ Action Discovery Directed To Standing Issue, Affirms Trial Court’s Terminating Sanction...

Miller Starr Regalia on

A fundamental prerequisite to a viable lawsuit is a plaintiff possessing standing to bring it, and in writ of mandate proceedings that generally means a person or entity actually possessing a beneficial interest in the legal...more

Miller Starr Regalia

Attorney Labor For Preparing CEQA Administrative Record Is Recoverable Cost Where Specialized Knowledge Required, Holds Fourth...

Miller Starr Regalia on

In a partially-published opinion filed September 29, 2014, the Fourth District Court of Appeal affirmed an order and judgment permitting the County of San Diego to recover actual labor costs incurred for an attorney and...more

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