California Court of Appeal

In this case, plaintiff seeks to invalidate the master lease and its subleases that the City and Landlord Defendants entered into, alleging that the park site is properly characterized as “Pueblo Lands” within the meaning of San Diego City Charter section 219. Dismissal is affirmed and the motion for judicial notice is granted in part as to all requests, with certain exceptions, where: 1) plaintiff has not established any entitlement to relief based on its claim that reacquired City Pueblo lands, following periods of severed City ownership rights, somehow remain subject to section 219 requirements for voter approval of property transactions; 2) the trial court was not required to ignore the judicially noticeable material presented in connection with the other motion being heard; and 3) the dispositive legal questions as to all Respondents were properly brought before the trial court in the demurrer proceedings, the companion motion and its record, and in the City’s answer on file.

Appellate Information

• Decided 02/09/2015
• Published 02/09/2015

Judges

• Huffman

Court

• California Court of Appeal

Counsel