California Court of Appeal

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Fiorentino v. City of Fresno, F050578

Dismissal of a petition for a writ of mandate to enforce the California Environmental Quality Act (CEQA) and subsequently denial of relief from the dismissal under Code of Civil Procedure section 473 is affirmed where the superior court correctly interpreted and applied the dismissal provisions contained in applicable law as: 1) petitioners did not file a request for hearing within 90 days of filing their petition; 2) filing a request for hearing on the 91st day did not cure the failure to meet the deadline, even though it was filed before the motion to dismiss; and 3) there was no abuse of discretion in denying relief under the discretionary relief provisions of section 473.

Appellate Information

  • Decided 04/05/2007
  • Published 05/07/2007

Judges

Court

  • California Court of Appeal

Counsel

  • For Appellant:
  • Griswold, LaSalle, Cobb, Dowd & Gin, Raymond L. Carlson, Hanford, and Kristine M. Howe for Plaintiffs and Appellants.

  • For Appellees:
  • Hatch & Parent, Lisabeth D. Rothman and Robert J. Saperstein, Santa Barbara, for Defendants and Respondents.
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