Citation 45 Cal.4th 116 original opinion
45 Cal.4th 294a modification
Save Tara v. City of W. Hollywood
Petition for review after the Court of Appeal affirmed in part and reversed in part the judgment in an action for writ of administrative mandate. This case includes the following issue: Does an agreement between agencies that describes a proposal in detail but expressly withholds any commitment to a definite course of action and is conditioned upon compliance with the California Environmental Quality Act (Pub. Resources Code, section 21000 et seq.) constitute "approval" of a "project" necessitating environmental impact review under the Act?
Filed 12/10/08
IN THE SUPREME COURT OF CALIFORNIA
SAVE TARA,
Plaintiff and Appellant,
S151402
v.
Ct.App. 2/8 B185656
CITY OF WEST HOLLYWOOD,
)
Defendant and Respondent;
Los Angeles County
Super. Ct. No. BS090402
WASET, INC., et al.,
)
Real Parties in Interest and
)
Respondents.
MODIFICATION OF OPINION
THE COURT:
The court’s opinion filed October 30, 2008, and published at 45 Cal.4th
116, is modified as follows:
Delete the third sentence in the second paragraph on page 143, which reads:
“Under section 21167.2, the 2006 EIR is conclusively presumed to comply with
CEQA’s standards unless a subsequent or supplemental environmental EIR is
needed for any of the reasons set out in section 21166 (discussed below).”
This modification does not affect the judgment.
IN THE SUPREME COURT OF CALIFORNIA
SAVE TARA,
Plaintiff and Appellant,
S151402
v.
Ct.App. 2/8 B185656
CITY OF WEST HOLLYWOOD,
)
Defendant and Respondent;
Los Angeles County
Super. Ct. No. BS090402
WASET, INC., et al.,
)
Real Parties in Interest and
)
Respondents.
MODIFICATION OF OPINION
THE COURT:
The court’s opinion filed October 30, 2008, and published at 45 Cal.4th
116, is modified as follows:
Delete the third sentence in the second paragraph on page 143, which reads:
“Under section 21167.2, the 2006 EIR is conclusively presumed to comply with
CEQA’s standards unless a subsequent or supplemental environmental EIR is
needed for any of the reasons set out in section 21166 (discussed below).”
This modification does not affect the judgment.
Opinion Information
| Date: | Citation: | Docket Number: | Category: | Status: |
| Fri, 12/12/2008 | 45 Cal.4th 116 original opinion 45 Cal.4th 294a modification | S151402M | Review - Civil Original Proceeding | closed; remittitur issued |
Parties
| 1 |
Brandt-Hawley Law Group (Opinion Modification Requestor) Represented by Susan Brandt-Hawley Brandt-Hawley Law Group P.O. Box 1659 Glen Ellen, CA |
| 2 |
California Preservation Foundation (Amicus curiae) Represented by Rachel B. Hooper Shute, Mihaly & Weinberger, LLP 396 Hayes Street San Francisco, CA |
| 3 |
City Of West Hollywood (Defendant and Respondent) Represented by Christi Hogin Jenkins & Hogin, LLP 1230 Rosecrans Avenue, Suite 110 Manhattan Beach, CA |
| 4 |
City Of West Hollywood (Defendant and Respondent) Represented by John Christophe Cotti Jenkins & Hogin, LLP 1230 Rosecrans Avenue, Suite 110 Manhattan Beach, CA |
| 5 |
City Of West Hollywood (Defendant and Respondent) Represented by Michael Jenkins Jenkins & Hogin, LLP 1230 Rosecrans Avenue, Suite 110 Manhattan Beach, CA |
| 6 |
Environmental Defense Center (Amicus curiae) Represented by Rachel B. Hooper Shute, Mihaly & Weinberger, LLP 396 Hayes Street. San Francisco, CA |
| 7 |
Environmental Defense Center (Amicus curiae) Represented by Michelle Wilde Anderson Chambers of M. Hall Patel 450 Golden Gate Avenue, Box 36060 San Francisco, CA |
| 8 |
Environmental Defense Center (Amicus curiae) Represented by Amy Jean Bricker Shute, Mihaly & Weinberger, LLP 396 Hayes Street San Francisco, CA |
| 9 |
Housing California (Amicus curiae) Represented by Kathleen O'Prey Truman Truman & Elliott, LLP 626 Wilshire Boulevard, Suite 550 Los Angeles, CA |
| 10 |
Housing California (Amicus curiae) Represented by Todd Elliott Truman & Elliott, LLP 626 Wilshire Boulevard, Suite 550 Los Angeles, CA |
| 11 |
Laurel Place West Hollywood, Inc. (Real Party in Interest and Respondent) Represented by James Lorenzo Arnone Latham & Watkins 355 S. Grand Avenue, Suite 100 Los Angeles, CA |
| 12 |
Laurel Place West Hollywood, Inc. (Real Party in Interest and Respondent) Represented by Benjamin Jacob Hanelin Latham & Watkins 355 S. Grand Avenue, Suite 100 Los Angeles, CA |
| 13 |
League Of California Cities (Amicus curiae) Represented by David J. Aleshire Aleshire & Wynder, LLP 18881 Von Karman Avenue, Suite 400 Irvine, CA |
| 14 |
League Of California Cities (Amicus curiae) Represented by Joseph W. Pannone Aleshire & Wynder, LLP 18881 Von Karman Avenue, Suite 400 Irvine, CA |
| 15 |
Lincoln Place Tenants Association (Amicus curiae) Represented by Sean B. Hecht UCLA School of Law 405 Hilgard Avenue Los Angeles, CA |
| 16 |
Natural Resources Defense Council (Amicus curiae) Represented by Donald B. Mooney Attorney at Law 129 "C" Street, Suite 2 Davis, CA |
| 17 |
People For Parks (Amicus curiae) Represented by Sean B. Hecht UCLA School of Law 405 Hilgard Avenue Los Angeles, CA |
| 18 |
Planning & Conservation League (Amicus curiae) Represented by Donald B. Mooney Attorney at Law 129 "C" Street, Suite 2 Davis, CA |
| 19 |
Saposhnek, Trudy (Amicus curiae) Represented by Sean B. Hecht UCLA School of Law 405 Hilgard Avenue Los Angeles, CA |
| 20 |
Saposhnek, Trudy (Amicus curiae) Represented by David Pallack SFV Neigborhood Legal Services 13327 Van Nuys Boulevard Pacoima, CA |
| 21 |
Saposhnek, Trudy (Amicus curiae) Represented by Joshua Todd Stehlik SFV Neigborhood Legal Services 13327 Van Nuys Boulevard Pacoima, CA |
| 22 |
Save Our Carmel River And The Open Monterey Project (Amicus curiae) Represented by Michael W. Stamp Attorney at Law 479 Pacific Street, Suite 1 Monterey, CA |
| 23 |
Save Tara (Plaintiff and Appellant) Represented by Jan Chatten-Brown Chatten-Brown & Carstens 2601 Ocean Park Blvd #205 Santa Monica, CA |
| 24 |
Save Tara (Plaintiff and Appellant) Represented by Katherine Antonia Trisolini Chatten-Brown & Carstens 2601 Ocean Park Blvd #205 Santa Monica, CA |
| 25 |
Sierra Club (Amicus curiae) Represented by Sean B. Hecht UCLA School of Law 405 Hilgard Avenue Los Angeles, CA |
| 26 |
Southern California Association Of Nonprofit Housing (Amicus curiae) Represented by Kathleen O'Prey Truman Truman & Elliott, LLP 626 Wilshire Boulevard, Suite 550 Los Angeles, CA |
| 27 |
Southern California Association Of Nonprofit Housing (Amicus curiae) Represented by Todd Elliott Truman & Elliott, LLP 626 Wilshire Boulevard, Suite 550 Los Angeles, CA |
| 28 |
Waset, Inc. (Real Party in Interest and Respondent) Represented by James Lorenzo Arnone Latham & Watkins 355 S. Grand Avenue, Suite 100 Los Angeles, CA |
| 29 |
Waset, Inc. (Real Party in Interest and Respondent) Represented by Benjamin Jacob Hanelin Latham & Watkins 355 S. Grand Avenue, Suite 100 Los Angeles, CA |
| 30 |
West Hollywood Community Housing Corporation (Real Party in Interest and Respondent) Represented by Benjamin Jacob Hanelin Latham & Watkins 355 S. Grand Avenue, Suite 100 Los Angeles, CA |
| 31 |
West Hollywood Community Housing Corporation (Real Party in Interest and Respondent) Represented by James Lorenzo Arnone Latham & Watkins 355 S. Grand Avenue, Suite 100 Los Angeles, CA |
| Disposition | |
| Oct 30 2008 | Opinion: Affirmed in part/reversed in part |
| Dockets | |
| Mar 28 2007 |
Petition for review filed Respondent City of West Hollywood Attorney Christi Hogin |
| Apr 2 2007 |
2nd petition for review filed Respondents Waset, Inc., West Hollywood Community Housing Corporation & Laurel Place West Hollywood, Inc. Attorney James L. Arnone |
| Apr 3 2007 | Received Court of Appeal record |
| Apr 13 2007 |
Application filed to: file a combined answer to the petitions for review (by 4-17-07) Save Tara, petitioner |
| Apr 17 2007 |
Answer to petition for review filed Appellant Save Tara Attorney Katherine Trisolini |
| Apr 26 2007 |
Reply to answer to petition filed Respondent City of West Hollywood |
| Apr 27 2007 |
Reply to answer to petition filed Respondents, WASET, Inc., West Hollywood Community Housing Corp., and Laurel Place West Hollywood, Inc., |
| May 16 2007 |
Letter sent to: all counsel enclosing a copy of the grant order and the form for certification of interested entities and persons. |
| May 16 2007 |
Petition for review granted (civil case) Votes: George, C.J., Kennard, Baxter, Werdegar, Chin, Moreno, and Corrigan, JJ. |
| May 17 2007 |
Received Court of Appeal record remainiing doghouses [2 & 3] shipped regular |
| May 17 2007 |
2nd record request for remaining volumes of the record. |
| May 24 2007 |
Certification of interested entities or persons filed Respondent City of West Hollywood by Christi Hogin of Jenkins & Hogin, LLP, retained. |
| May 24 2007 |
Certification of interested entities or persons filed Respondents WASET, Inc., |
| Jun 6 2007 |
Certification of interested entities or persons filed Jan Chatten-Brown and Katherine Trisolini Chatten-Brown & Carstens for appellant Save Tara |
| Jun 14 2007 |
Opening brief on the merits filed Respondent City of West Hollywood Attorney Christi Hogin |
| Jun 15 2007 |
Opening brief on the merits filed Respondents WASET Inc., |
| Jun 25 2007 |
Request for extension of time filed for a 30-day e.o.t. to fille appellant's consolidated and oversized answer briefs on the merits. |
| Jun 25 2007 |
Application filed to: File appellant's combined oversized answer brief on the merits, not to exceed 28,000 words |
| Jun 27 2007 | Received: |
| Jun 27 2007 | Received: |
| Jun 28 2007 |
Extension of time granted On application of appellant and good cause appearing, it is ordered that the time to serve and file Appellant's Consolidated and Oversized Answer Brief on the Merits is extended to and including August 14, 2007. No further extensions of time are contemplated. |
| Aug 13 2007 |
Change of contact information filed for: Jan Chaten-Brown, Chaten-Brown & Carstens at 2601 Ocean Park Blvd., Suite 205, Santa Monica, CA 90405-3219 phone number and fax remained the same. (Counsel for appellant) |
| Aug 15 2007 |
Answer brief on the merits filed Save Tara, appellant Jan Chatten-Brown, Chatten-Brown & Carstens, retained CRC 8.25(b) |
| Sep 4 2007 |
Reply brief filed (case not yet fully briefed) City of West Hollywood, Respondents |
| Sep 4 2007 |
Reply brief filed (case fully briefed) WASET, Inc., West Hollywood Community Housing Corp., and Laurel Place West Hollywood, Inc., Real Parties in Interest & Respondents |
| Sep 4 2007 |
Request for judicial notice filed (granted case) WASET, Inc., West Hollywood Community Housing Corp., & Laurel Place West Hollywood, Inc., Real Parties in Interest & Respondents (submitted concurrent w/ Brief on the Merits) [ 1st volume contains exhibits A & B; and volume two holds exhibit C] |
| Sep 17 2007 |
Opposition filed Appellant's Opposition to Real Parties in Interest's Request for Judicial Notice by Jan Chatten-Brown, retained |
| Sep 17 2007 |
Received: {proposed order} re: request for Judicial Notice submitted by Real Parties in Interest WASET, Inc., etc., per CRC 8.252 [to be considered with Judicial Request submitted 09-04-2007.] |
| Sep 20 2007 |
Received application to file Amicus Curiae Brief The League of California Cities to file in support of Respondent City of West Hollywood Attorney David Aleshire [app/brief under same cover] |
| Sep 21 2007 |
Received: Respondent WASET, INC.,'s reply in support of their Request for Judicial Notice. |
| Sep 26 2007 |
Filed: Real Parties' Reply in Support of Request for Judicial Notice by Benjamin J. Hanelin and James L. Arnone, Latham & Watkins LP, counsel (Filed with permission) |
| Oct 1 2007 |
Received application to file Amicus Curiae Brief Save Our Carmel River and The Open Monterey Project in support of Appellant Save Tara, by Michael W. Stamp, counsel |
| Oct 3 2007 |
Received application to file Amicus Curiae Brief Planning and Conservation League, et al., in support of appellant by Michelle W. Anderson of Shute, Mihaly et al. and by Donald B. Mooney Law Offices |
| Oct 4 2007 |
Received application to file Amicus Curiae Brief The Planning and Conservation League, et al. in support of appellant by Donald B. Mooney, Esq. and Michelle w. Anderson of Shute, Mihaly & Weingerger LLP |
| Oct 4 2007 |
Received application to file Amicus Curiae Brief and proposed brief of Housing California and The Southern California Assoc., of Nonprofit Housing supporting respondent City of West Hollywood; also concurrently submitted is a Declaration of Todd Elliott in support of this application. |
| Oct 4 2007 |
Received application to file Amicus Curiae Brief Lincoln Place Tenants Association, People for Parks and Sierra Club, in support of appellant by Sean B. Hecht of UCLA School of Law and by David Pallack Sstehlik of Neighborhood Legal Services of Los Angeles County |
| Oct 15 2007 |
Permission to file amicus curiae brief granted The application of Planning and Conservation League, Environmental Defense Center, California Preservation foundation, and The Natural Resources Defense Council for permission to file an amicus curiae brief in support of appellant is hereby granted. An answer thereto may be served and filed by any party within twenty days of the filingo f the brief. |
| Oct 15 2007 |
Amicus curiae brief filed Planning and Conservation League, Environmental Defense Center, California Preservation Foundation, and The Natural Resources Defense Council in support of appellant. |
| Oct 15 2007 |
Permission to file amicus curiae brief granted The application of Save Our Carmel River and The Open Monterey Project for permission to file an amicus curiae brief in support of appellant is hereby granted. An answer thereto may be served and filed by any party within twenty days of the filing of the brief. |
| Oct 15 2007 |
Amicus curiae brief filed Save Our Carmel River and The Open Monterey Project in support of appellant |
| Oct 15 2007 |
Permission to file amicus curiae brief granted The application of Lincoln Place Tenants Association, People for Parks, Sierra Club, and Trudy Saposhenek for permission to file an amicus curiae brief in support of appellant is hereby granted. An answer thereto may be served and filed by any party within twenty days of the filing of the brief. |
| Oct 15 2007 |
Amicus curiae brief filed Lincoln Place Tenants Association, People for Parks, Sierra Club and Trudy Sapopshenek in support of appellant. |
| Oct 15 2007 |
Permission to file amicus curiae brief granted The application of The League of California Cities for permission to file an amicus curiae brief in support of Respondent City of West Hollywood is hereby granted. An answer thereto may be served and filed by any party within twenty days of the filing of the brief. |
| Oct 15 2007 |
Amicus curiae brief filed The League of California Cities in support of Respondent City of West Hollywood. |
| Oct 15 2007 |
Permission to file amicus curiae brief granted The application of Housing California and the Southern California Association of Nonprofit Housing for permission to file an amicus curiae brief in support of respondent is hereby granted. An answer thereto may be served and filed by any party within twenty days of the filing of the brief. |
| Oct 15 2007 |
Amicus curiae brief filed Housing California and the Southern California Association of Nonprofit Housing in support of respondent. |
| Nov 2 2007 |
Response to amicus curiae brief filed Real parties interest WASET, Inc.,, West Hollywood Community Housing Corp., and, Laurel Place West Hollywood, Inc., [ combined answer to a.c. briefs in support of appellant Save Tara] |
| Nov 2 2007 |
Response to amicus curiae brief filed City of West Hollywood, respondent by Christi Hogin, counsel |
| Nov 5 2007 |
Response to amicus curiae brief filed Appellant Save Tara to Amicus Curiae Briefs of Housing California and Southern California Association of Nonprofit Housing and League of California Cities. |
| Nov 5 2007 |
Response to amicus curiae brief filed RPIS WASET, Inc., West Hollywood Community Housing corp., and Laurel Place West Hollywood, Inc., [combined answer to amicus briefs in support of appellant Save Tara] |
| Nov 5 2007 |
Note: Mail returned and re-sent David J. Aleshire at address appearing on the State Bar's website and noted herein. |
| Feb 4 2008 |
Received: Letter dated 1-31-2008 from Jan Chatten-Brown, counsel for Appellant Save Tara, advising of current plans to be out of state during the first week of April, and requests to avoid scheduling oral argument on that date. |
| Jun 2 2008 |
Received: Letter dated 5-29-2008 from Jan Chatten-Brown, counsel for Appellant Save Tara, requesting the Court to avoid scheduling oral argument the first two weeks of November, 2008. Counsel has a pre-paid trip to Africa. |
| Jun 18 2008 |
Change of contact information filed for: Attorneys James Arnone and Benjamin Hanelin Counsel for Respondents WASET, Inc., West Hollywood Community Housing Corporation and Laurel Place West Hollywood, Inc. |
| Jul 30 2008 |
Case ordered on calendar to be argued Tuesday, September 2, 2008, at 1:30 p.m., in San Francisco |
| Aug 5 2008 |
Note: Mail returned and re-sent Attorney Jan Chatten-Brown at address appearing on the State Bar's website and noted herein. |
| Aug 5 2008 |
Note: Mail returned and re-sent Attorney Katherine A. Trisolini at address appearing on the State Bar's website, and noted herein. |
| Aug 11 2008 |
Received: Letter from Jan Chatten-Brown dated August 8, 2008. |
| Aug 13 2008 |
Request for judicial notice denied The request for judicial notice filed September 4, 2007, by Real Parties in Interest WASET, Inc., West Hollywood Community Housing Corporation and Laurel Place West Hollywood, Inc., is denied on grounds of irrelevance. (See Zelig v. County of Los Angeles (2002) 27 Cal.4th 1112, 1141, fn. 6; Mangini v. R. J. Reynolds Tobacco Co. (1994) 7 Cal.4th 1057, 1064.) |
| Aug 14 2008 |
Filed: joint application of respondent ( City of West Hollywood) and real parties in interest ( Waset, Inc. et al. to divide oral argument time. City of West Hollywood 20 min- using 10 min. for opening, and 10 min. for rebuttal,; Housing Corp 10 min. by counsel, Christi Hogin and James L. Arnone. appearance sheet included |
| Aug 19 2008 |
Filed: WASET, Inc., West Hollywood, Community Housing Corp., and Laurel Place West Hollywood, Inc. RPI/Respondents ~ supplemental Brief on the Merits. |
| Aug 20 2008 |
Order filed The request of counsel for respondents in the above-referenced cause to allow two counsel to argue on behalf of respondents at oral argument is hereby granted. The request of respondents to allocate to the City of West Hollywood, 20 minutes, and Waset, Inc., et al., 10 minutes of respondents' 30-minute allotted time for oral argument is granted. |
| Aug 21 2008 |
Received: Letter dated August 20, 2008 from Chatten-Brown & Carstens, counsel for appellant, citing additional authorities |
| Aug 21 2008 |
Received: Appellant Save Tara's Notice of Lodging of Federal Authorities not contained in briefs and papers on file. |
| Aug 22 2008 |
Received: Letter dated August 21, 2008 from Benjamin J. Hanelin, counsel for real parties Re: Objection to Improper Supplemental Brief by plaintiff/appellant |
| Sep 2 2008 | Cause argued and submitted |
| Oct 29 2008 | Notice of forthcoming opinion posted |
| Oct 30 2008 |
Opinion filed: Affirmed in part, reversed in part and remanded to the Court of Appeal for further proceedings consistent with our opinion. Opinion by Werdegar, J -- joined by George, C.J., Kennard, Baxter, Chin, Moreno, and Corrigan, JJ. |
| Nov 14 2008 |
Request for modification of opinion filed Save Tara, Appellant by Jan Chatten- Brown, counsel |
| Nov 14 2008 |
Request for modification of opinion filed by Brandt-Hawley Law Group, (non-party) by Susan Brandt-Hawley, counsel |
| Nov 19 2008 |
Filed: Response to Appellant's Request for Modification of Decision, RPI/Respondent Waset, Inc., West Holywood Community Housing Corp., and Laurel Place West Hollywood, Inc. |
| Nov 20 2008 |
Order filed The finality of the opinion in the above-entitled case is hereby extended to and including December 29, 2008. |
| Nov 20 2008 |
Filed: Response to Appellant's Request for Modification of Decision, Respondent City's by Michael Jenkins, Jenkins & Hogin LLP, counsel |
| Dec 2 2008 |
Filed: Appellant Save Tara's Reply to Responses to Request for Modification of Decision and Exhibit in support thereof by Jan Chatten-Brown, counsel |
| Dec 4 2008 |
Filed: *Joint* Response by Respondent, City of West Hollywood and RPI/Resp., Waset Inc., to Appellant's Modification Request / Attorneys Michael Jenkins ~ and ~ James Arnon, \ |
| Dec 9 2008 |
Filed: Modification Requester's Reply to Responses to Request for Modification by Susan Brandt-Hawley, Brandt-Hawley Law Group. |
| Dec 10 2008 | Opinion modified - no change in judgment |
| Dec 10 2008 |
Order filed The requests for modification of the opinion are denied. The opinion is modified on the court's own motion. |
| Dec 29 2008 | Remittitur issued (civil case) |
| Jan 12 2009 |
Received: Acknowledgment of receipt for remittitur, signed for by Emma J. Ames, Deputy Clerk, CA2/8 |
| Mar 11 2009 |
Returned record 5 doghouses (via OnTrac - addressed to Tommie Wright) |
| Mar 12 2009 | Received: |
| Jul 7 2009 |
Received: 3 doghouses (vol. 1, 2, & 3 of 5) |
| Briefs | |
| Jun 14 2007 |
Opening brief on the merits filed |
| Jun 15 2007 |
Opening brief on the merits filed |
| Aug 15 2007 |
Answer brief on the merits filed |
| Sep 4 2007 |
Reply brief filed (case not yet fully briefed) |
| Sep 4 2007 |
Reply brief filed (case fully briefed) |
| Oct 15 2007 |
Amicus curiae brief filed |
| Oct 15 2007 |
Amicus curiae brief filed |
| Oct 15 2007 |
Amicus curiae brief filed |
| Oct 15 2007 |
Amicus curiae brief filed |
| Oct 15 2007 |
Amicus curiae brief filed |
| Nov 2 2007 |
Response to amicus curiae brief filed |
| Nov 2 2007 |
Response to amicus curiae brief filed |
| Nov 5 2007 |
Response to amicus curiae brief filed |
| Nov 5 2007 |
Response to amicus curiae brief filed |
If you'd like to submit a brief document to be included for this opinion, please submit an e-mail to the SCOCAL website.
