Fiorentino

Appellants contend that the superior court committed reversible error when it dismissed their petition for a writ of mandate to enforce the California Environmental Quality Act (CEQA) and subsequently denied them relief from the dismissal under Code of Civil Procedure section 473.

We conclude that the superior court correctly interpreted and applied the dismissal provisions contained in section 21167.4. Dismissal of the CEQA petition occurred because appellants did not file a request for hearing within 90 days of filing their petition, as was required by subdivision (a) of section 21167.4. Furthermore, filing a request for hearing on the 91st day did not cure the failure to meet the deadline, even though it was filed before the motion to dismiss.

In addition, in an unpublished part of this opinion, we conclude the superior court did not abuse its discretion when it denied relief under the discretionary relief provisions of Code of Civil Procedure section 473.

Accordingly, the order dismissing the CEQA action is affirmed.

FACTS AND PROCEEDINGS

Appellant Carol Fiorentino alleged that she owned property in an unincorporated portion of Fresno County that is supplied with…