Redevelopment Agency v. Commission on State Mandates

The State of California Department of Finance (DOF) appeals the order of the superior court denying its motion to intervene as an indispensable party in administrative mandamus proceedings brought by the Redevelopment Agency of the City of San Marcos (San Marcos) against the State of California Commission on State Mandates (the Commission). In those mandamus proceedings, San Marcos seeks to have overturned a decision of the Commission that San Marcos was not entitled to reimbursement (“subvention”) from state funds for particular housing costs that San Marcos incurred. (Cal. Const., art. XIII B, § 6; Gov. Code, § 17550 et seq.; Health and Saf. Code, §§ 33334.2, 33334.3.) At the administrative hearing before the Commission, DOF appeared and filed opposition to San Marcos’s request. The Commission determined that no state-mandated program was involved and, therefore, San Marcos was not entitled to the claimed reimbursement.

San Marcos then filed its petition for writ of administrative mandamus to challenge the Commission’s decision, but did not name any real parties in interest, only the Commission as respondent. (Code Civ. Proc., § 1094.5.) DOF then sought leave to…