California Court of Appeal

Trial court's judgment dismissing plaintiff's petition for writ of mandate and complaint against the City of Los Angeles (city) involving city's termination of its environmental review and rejection of a proposed development project is affirmed where: 1) the pleading fails to adequately allege due process and equal protection violations; 2) the sustaining of the demurrer was proper; and 3) plaintiff cannot seek leave to amend for the first time on appeal having expressly declined an opportunity to amend its pleading in the trial court.

Appellate Information

• Decided 09/17/2009
• Published 09/17/2009

Judges

• CROSKEY, J.

Court

• California Court of Appeal

Counsel

• For Appellant:
  
• Akin Gump Strauss Hauer & Feld, Carlyle W. Hall, Jr., John A. Karaczynski, Edward P. Lazarus, Andrew Oelz, Los Angeles;  Alston & Bird, Steven W. Weston, Nicki Carlsen, Neal P. Maguire and Rebecca S. Harrington, Los Angeles, for Plaintiff and Appellant.


• For Appellees:
  
• Rockard J. Delgadillo, City Attorney, Susan D. Pfann, Assistant City Attorney;  Meyers, Nave, Riback, Silver & Wilson, Amrit S. Kulkarni and Julia L. Bond, Oakland, for Defendant and Respondent., Jarvis, Fay, Doporto & Gibson and Rick W. Jarvis, Oakland, for League of California Cities and California State Association of Counties as Amici Curiae on behalf of Defendant and Respondent.