Judge: Stephen I. Goorvitch, Case: 22STCP03822, Date: 2025-06-13 Tentative Ruling

Case Number: 22STCP03822    Hearing Date: June 13, 2025    Dept: 82

Citizens for a Better Los Angeles v. City of Los Angeles

Case No. 22STCP03822

[Tentative] Order Granting Motion to Set Trial on CEQA Claim

[Tentative] Order Denying Motion to Sever and Transfer Non-Writs Claims

[Tentative] Order Staying Non-Writs Claims

            Petitioner Citizens for a Better Los Angeles (“Petitioner”) filed this action against the City of Los Angeles (the “City” or “Respondent”) asserting the following causes of action: (1) Violation of the California Environmental Quality Act (“CEQA”); (2) Violation of the California Constitution, Article I, section 1, which governs the right to privacy; (3) Illegal and Wasteful Expenditure of Public Funds under Code of Civil Procedure section 526a; and (4) Declaratory Judgment.  Petitioner and the real party in interest, Trazito-Vector, LLC (the “Real Party”) have reached a resolution of all claims.  The City’s staff has approved the resolution of the CEQA claim, but it still must be approved by the City Council.  The City’s Council has not yet considered the settlement on the non-CEQA claims.  Petitioner now asks the court to set trial on the CEQA matter and to sever and transfer the non-CEQA claims to an independent calendar court. 

            The court grants the motion to set trial on the first cause of action, which asserts a violation of CEQA and seeks a writ of mandate under Code of Civil Procedure section 1094.5.  Pursuant to Public Resources Code section 21167.4, absent good cause, the briefing shall be completed within 90 days from the date that the request for a hearing is filed. The court finds good cause to deviate from this schedule because: (a) Petitioner’s counsel wishes to pursue discovery; (b) Petitioner’s counsel wishes to pursue settlement discussions; and (c) The court does not require briefing so far in advance of the trial date.           Pursuant to Public Resources Code section 21167.4, to the extent feasible, the trial shall be set within 30 days of the completion of briefing.

            Based upon the foregoing, the court orders as follows:

            1.         The court grants Petitioner’s motion to set trial.  The court sets the following briefing schedule:

a.         The opening brief shall be filed and served on or before July 28, 2025.

                        b.         The administrative record shall be lodged on a searchable thumb drive on or before July 28, 2025.

                        c.         The opposition brief shall be filed and served on or before August 27, 2025.

                        d.         The reply brief shall be filed and served on or before September 11, 2025. 

            2.         The court is not available for trial on Monday, October 13, 2025, which is the first court day after the 30-day deadline to set trial following the completion of briefing.  Therefore, the court sets trial for October 17, 2025, at 9:30 a.m.

            3.         The motion to sever the non-CEQA claims and transfer them to an independent calendar court is denied. 

            4.         Pursuant to the order to show cause issued on June 3, 2025, the court stays trial on the second, third, and fourth causes of action.  As a practical matter, these causes of action have been stayed since the case was filed on October 20, 2022, because pursuant to Local Rules 2.8 and 2.9, these causes of action must be tried in an independent calendar court.  Therefore, the court’s stay shall be retroactive to October 20, 2022. 

            5.         The court’s clerk shall provide notice.