County of Sacramento v. Superior Court

In this mandamus proceeding, we are called on to determine whether a request for a hearing in an action alleging noncompliance with the California Environmental Quality Act (CEQA; Pub. Resources Code, § 21000 et seq.) must be made in a writing filed with the court to avoid dismissal under section 21167.4, subdivision (a) for failure to “request a hearing” within 90 days of the filing of the petition. Construing section 21167.4 as a whole, as we must, we conclude the answer to that question is “yes.”

Because petitioner here failed to file a written hearing request within the time allowed, its CEQA claims must be dismissed. Accordingly, we will order that a writ of mandate issue directing the trial court to vacate its denial of the motion to dismiss at issue here and enter a new order granting that motion.

FACTUAL AND PROCEDURAL BACKGROUND

On June 12, 2008, Forster-Gill, Inc., filed a petition for writ of mandate and complaint for quiet title and other relief in the Sacramento County Superior Court relating to the County of Sacramento’s approval of a project known as “The Landing” and the final environmental impact report for the project. The first cause of action…