Urban Habitat Program v. City of Pleasanton

I. INTRODUCTION

This is an appeal from a judgment of dismissal of the first amended petition of plaintiffs and appellants Urban Habitat Program and Sandra DeGregorio (collectively referred to as Urban Habitat) for a writ of mandate and their complaint for declaratory and injunctive relief (the complaint), following the demurrer of defendants and respondents City of Pleasanton and Pleasanton City Council (collectively referred to as City).

Urban Habitat contends the trial court erred in granting the City’s demurrer because (1) it misconstrued the applicable statutes of limitations set out in Government Code section 65009 and Code of Civil Procedure section 338, subdivision (a); and (2) it misapplied the ripeness doctrine. We agree and, accordingly, reverse the judgment of dismissal except as it applies to two causes of action (the fifth and sixth), as to which we affirm the judgment.

n. FACTUAL AND PROCEDURAL BACKGROUND

A. The Parties

Appellant Urban Habitat Program is a nonprofit corporation that “works to ensure equitable and non-discriminatory access to affordable housing and other opportunities throughout the Bay Area . . . .” Appellant Sandra DeGregorio lives in…