Judge: Mark E. Windham, Case: 23STLC04628, Date: 2023-10-04 Tentative Ruling

Case Number: 23STLC04628    Hearing Date: October 4, 2023    Dept: 26

Liu v. Diamond Bar City Hall, et al.

DEMURRER

(CCP § 430.10, et seq.)

TENTATIVE RULING:

Respondent Diamond Bar City Hall’s Demurrer to the Notice of Appeal is SUSTAINED WITHOUT LEAVE TO AMEND.

ANALYSIS:

Petitioner Shaolin Liu (“Petitioner) filed the instant Notice of Appeal – Administrative Hearing against Respondent Diamond Bar City Hall (“Respondent”) on July 24, 2023. The Notice of Appeal concerns fines and penalties issued for illegal cannabis cultivation pursuant to Government Code section 53069.4.

On August 25, 2023, Respondent filed the instant Demurrer to the Notice of Appeal. No opposition has been filed to date.

Discussion

The Demurrer is accompanied by a meet and confer declaration as required by Code of Civil Procedure section 430.41. (Demurrer, Sanchez Decl., ¶¶3-4.) Respondent demurs pursuant to Code of Civil Procedure section 430.10, subdivision (e) on the grounds that Petitioner has not sufficiently stated their appeal. Specifically, that Petitioner filed the instant Notice of Appeal past the time allowed by Government Code section 53069.4.

Government Code section 53069.4 states in relevant part:

[W]ithin 20 days after service of the final administrative order or decision of the local agency is made pursuant to an ordinance enacted in accordance with this section regarding the imposition, enforcement, or collection of the administrative fines or penalties, a person contesting that final administrative order or decision may seek review by filing an appeal to be heard by the superior court . . . .

(Govt. Code, § 53069.4, subd. (b)(1).) Furthermore, “[i]f no notice of appeal of the local agency's final administrative order or decision is filed within the [20-day] period set forth in this section, the order or decision shall be deemed confirmed.” (Govt. Code, § 53069.4, subd. (c).) Petitioner’s Notice of Appeal states that the final administrative decision was served by mail on June 28, 2023. (Notice of Appeal, filed 07/24/23.) 20 days after June 28, 2023 was July 18, 2023 but the Notice of Appeal was not filed by that date. Instead, Petitioner filed the Notice of Appeal six days later, on July 24, 2023.

This demonstrates that the Notice of Appeal was filed after the time the challenged order or decision was deemed confirmed. Therefore, the Demurrer to the Notice of Appeal is sustained without leave to amend.

Conclusion

Respondent Diamond Bar City Hall’s Demurrer to the Notice of Appeal is SUSTAINED WITHOUT LEAVE TO AMEND.

Moving party to give notice.