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California Court of Appeal

Cal. State Parks Found. v. Superior Ct. (Foothill/Eastern Transp. Corridor Agency), D049205

In suit challenging certification of an environmental impact report for, and the decision approving construction of, a toll road traversing portions of both San Diego and Orange Counties, petition for writ of mandate challenging order granting real party's motion to transfer venue from San Diego County to Orange County is granted as the action to vindicate public rights was properly filed in San Diego County since Code of Civil Procedure section 393(b) is not limited to actions involving personal rights or property.

Appellate Information

  • Decided 05/10/2007
  • Published 05/10/2007


  • NARES, Acting P.J.


  • California Court of Appeal


  • For Appellant:
  • Shute, Mihaly & Weinberger, William J. White and Kevin P. Bundy, San Francisco, for All Petitioners., Bill Lockyer and Edmund G. Brown, Jr., Attorneys General, Tom Greene, Chief Assistant Attorney General, Theodora Berger, Assistant Attorney General, Brian Hembacher, Gary E. Tavetian, Olivia W. Karlin and Helen G. Arens, Deputy Attorneys General, for Petitioner The People of the State of California., Joel R. Reynolds, Los Angeles, and James Birkelund, Santa Monica, for Petitioner Natural Resources Defense Council., Michael D. Fitts for Petitioner Endangered Habitats League., Nossaman, Guthner, Knox and Elliott, Robert D. Thornton, John J. Flynn III, Irvine, and Scott N. Yamaguchi, Los Angeles, for Real Parties in Interest.

  • For Appellees:
  • No appearance for Respondent.
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