California Court of Appeal

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The Habitat Trust for Wildlife, Inc. v. City of Rancho Cucamonga, E042229

In an environmental dispute involving the development of residential properties, trial court judgment is affirmed where: 1) the court did not err in refusing to grant plaintiff's writ petition seeking to force defendant to set aside a resolution determining that plaintiff was not a qualified conservation entity and enter a new resolution; 2) the court properly granted summary judgment on plaintiff's causes of action for breach of contract and breach of the implied covenant of good faith and fair dealing against certain defendants; and 3) the court properly awarded those defendants attorney's fees and costs as plaintiffs failed to demonstrate they were entitled to reversal of the judgment.

Appellate Information

  • Decided 07/21/2009
  • Published 07/21/2009



  • California Court of Appeal


  • For Appellees:
  • The Law Office of Craig A. Sherman and Craig A. Sherman, San Diego, for Plaintiffs, Cross-defendants and Appellants The Habitat Trust for Wildlife, Inc. and Spirit of the Sage Council, Inc., Richards, Watson & Gershon, Mitchell E. Abbott and Ginetta L. Giovinco, Los Angeles, for Defendants and Respondents City of Rancho Cucamonga and City Council of the City of Rancho Cucamonga., Manatt, Phelps & Phillips, Alan J. Kessel, Keli N. Osaki, Costa Mesa;  Law Offices of Judith B. Oakes and Judith B. Oakes, San Diego, for Defendant and Respondent SPS Development Services, Inc. and Defendant, Cross-complainant and Respondent Henderson Creek Properties, LLC., Jackson, DeMarco, Tidus & Peckenpaugh, Michael L. Tidus, Irvine, and Daniel A. Friedlander, Westlake Village, for Defendants and Respondents Rancho 2004, LLC, Granite Homes of California, Inc., Granite Homes, Inc. and Granite Construction Services, LP., Allen Matkins Leck Gamble Mallory & Natsis, Stephen R. Thames, Brian R. Bauer, Irvine;  Ruth E. Stringer, County Counsel and Mitchell L. Norton, Deputy County Counsel, for Defendant and Respondent County Service Area 70, Improvement Zone OS-1., Davis & Rayburn and Thomas P. Davis, Laguna Beach, for Defendant and Respondent Brody McFarland as Successor Trustee, etc.
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