Stanford Law School - Robert Crown Law Library

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.

---

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?

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

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