Judge: James A. Mangione, Case: 37-2023-00048794-CU-WM-CTL, Date: 2024-05-31 Tentative Ruling

SUPERIOR COURT OF CALIFORNIA,

DEPT.:

EVENT DATE:

EVENT TIME:

HALL OF JUSTICE

TENTATIVE RULINGS - May 31, 2024

05/31/2024  09:00:00 AM  C-75 COUNTY OF SAN DIEGO

JUDICIAL OFFICER:James A Mangione

CASE NO.:

CASE CATEGORY:

EVENT TYPE:

CASE TITLE: CASE TYPE:

Civil - Unlimited  Writ of Mandate Demurrer / Motion to Strike 37-2023-00048794-CU-WM-CTL ANDERSON VS LA JOLLA SOLEDAD WEST INC [IMAGED] CAUSAL DOCUMENT/DATE FILED:

Respondent La Jolla Soledad West, Inc.'s Demurrer is sustained without leave to amend.

To obtain writ relief under C.C.P. § 1085, the petitioner must show: (1) There is no other plain, speedy, and adequate remedy in the ordinary course of law; (2) The respondent has a clear, present, and ministerial duty to act in a particular way; and (3) The petitioner has a clear, present, and beneficial right to the performance of that duty. (C.C.P. §§ 1085(a), 1086.) 'A ministerial act is an act that a public officer is required to perform in a prescribed manner in obedience to the mandate of legal authority and without regard to his or her own judgment or opinion concerning such act's propriety or impropriety, when a given state of facts exists. . . . A statute is deemed to impose a mandatory duty on a public official only if the statute affirmatively imposes the duty and provides implementing guidelines.' (Physicians Committee for Responsible Medicine v. Los Angeles Unified School Dist. (2019) 43 Cal.App.5th 175, 184–185 (alterations and quotation marks omitted).) 'Absent a clear duty imposed by law mandamus is not a proper vehicle for resolution for the asserted grievance. [Citation.] Moreover, mandamus does not lie to compel a public agency to exercise discretionary powers in a particular manner, only to compel it to exercise its discretion in some manner. [Citation.]' (Id. at 185 (quotation marks and alterations omitted).) Here, Respondent's decision to approve or deny an architectural application is a discretionary choice, not a ministerial act compelled by a mandatory duty. Therefore, writ relief is not available on Petitioner's claim. Furthermore, as noted by Respondent, Petitioner has other adequate legal remedies available to her. Finally, the Court finds that the demurrer is not untimely.

Respondent's Motion to Strike is ordered off calendar because no moving papers were filed with the Court.

The minute order is the order of the Court.

Calendar No.: Event ID:  TENTATIVE RULINGS

3103105  22