Ojavan Investors, Inc. v. California Coastal Commission

— Appellants, Ojavan Investors, Inc., and several other real estate investment corporations, appeal judgments of dismissal entered after the trial court sustained demurrers of respondent California Coastal Commission (the Commission), without leave to amend, as to appellants’ petition for a writ of mandate and appellants’ concurrently filed complaint for declaratory relief and damages. Appellants sought to stay enforcement of the Commission’s cease and desist order which directed that appellants refrain from the sale, conveyance or transfer of certain real property in the area of Malibu Canyon and comply with all terms and provisions of the declarations of restrictions which run with the land and were recorded against the property by the previous owners.

The trial court sustained the Commission’s demurrers to the petition and to the complaint on the grounds that appellants’ suits were barred by the applicable 60-day statute of limitations (Pub. Resources Code, § 30801) and the doctrine of waiver, and that the Commission’s cease and desist order was a privileged publication (Civ. Code, § 47) which constituted a defense to the tort causes of action alleged. We agree with…