Ibarra

Ibarra v. California Coastal Commission

Good Law
182 Cal. App. 3d 687·1986 Cal. App. LEXIS 1739·227 Cal. Rptr. 371
Court of Appeal of CaliforniaJune 20, 1986B015990California3,419 words

Opinion

Opinion

McCLOSKY, J.

Plaintiffs appeal from the order (judgment) of dismissal entered in favor of defendant, California Coastal Commission (Commis sion), following the sustaining of defendant’s demurrer to the seventh cause of action of plaintiffs’ second amended complaint (SAC) with leave to amend, followed by the election of plaintiffs not to amend.

Contentions

Plaintiffs contend that the California Coastal Act (Pub. Resources Code, § 30000 et seq.) imposes mandatory duties upon defendant and that defendant breached such duties by (1) failing to adopt a policy of denying permits for septic tank system installation, expansion and repair at Big Rock Mesa; (2) failing to require Los Angeles County to carry out duties under the coastal act and other duties whereby the county would require the abolition of the septic tank system and installation of a sewer system or establish a drainage district and (3) failing to require Los Angeles County to prepare a local coastal program dealing with the above problem.

Plaintiffs further contend that administrative mandamus was inappropriate since there was no proceeding, decision or action to review.

Facts

The 23 plaintiffs in this action are…

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