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Second District Court of Appeal Rejects Challenge to CEQA-Exempt Lighting Project on Procedural Grounds


Light emitting diode (LED) fixtures illuminate a parking lot

In The Urban Wildlands Group, Inc. v. City of Los Angeles (2017) 10 Cal.App.5th 993, the Second District Court of Appeal addressed an appeal centered on challenge to the City of Los Angeles’ lighting project, and held that plaintiff’s attempt to invoke Code of Civil Procedure (“CCP”) section 473, subdivision (b) was improper due to insufficient evidence.

In September 2014, the plaintiff challenged the approval of a City of Los Angeles’ bureau of street lighting project’s use of light emitting diode replacement lights, which the City claimed was exempt from formal environmental review under CEQA. The plaintiff failed to lodge the administrative record as required pursuant to a stipulation. On July 8, 2015, the trial court denied the plaintiff’s request for a continuance because the record had not been lodged. The trial court also denied the plaintiff’s petition and complaint because the plaintiff could not support its arguments due to its failure to lodge the administrative record.

On August 26, 2015, the plaintiff moved to vacate the judgment under CCP section 473, subdivision (b), asserting that both discretionary and mandatory relief should be granted based on its attorney’s sworn affidavit in which he admitted neglect in failing to lodge the administrative record. The trial court denied discretionary relief because the plaintiff’s counsel’s mistake – failing to check to see if his assistant actually lodged the administrative record due to his hectic workload – did not rise to the level of excusable neglect. The trial court granted mandatory relief, however, finding that the mistake of plaintiff’s attorney deprived plaintiff of its day in court and explaining that it had ruled on the merits only because it was under the mistaken impression that the incomplete record had been lodged by plaintiff, when in fact it had been lodged by the City.

On appeal, the Second District Court of Appeal held that the trial court erred in granting the mandatory relief. The mandatory relief provision in CCP section 473, subdivision (b) only applies to a default, a default judgment, or a dismissal. In this case, the court found the mandatory relief provision did not apply. Plaintiff failed to present sufficient evidence to meet its burden of proof because it never lodged the administrative record.  The judgement was therefore on the merits and not a default, default judgment, or dismissal.

Key Point:

The Second District Court of Appeal found that the grant of mandatory relief under CCP section 473, subdivision (b) is improper when plaintiff fails to present sufficient evidence and does not meet the burden of proof.

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dateApril 13th, 2017byby


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