NASSEPA

Native American Sacred Site & Environmental Protection Ass'n v. City of San Juan Capistrano

Good Law
120 Cal. App. 4th 961·16 Cal. Rptr. 3d 146·2004 Cal. App. LEXIS 1178·2004 Daily Journal DAR 8947·2004 Cal. Daily Op. Serv. 6642
Court of Appeal of CaliforniaJune 30, 2004G033198California2,678 words

Opinion

Opinion

Rylaarsdam, J.

Plaintiffs Native American Sacred Site and Environmental Protection Association (NASSEPA), Fran Yorba, and Damien Shilo appeal from a judgment entered after the court sustained without leave to amend the demurrers of defendants City of San Juan Capistrano and City of San Juan City Council and of real party in interest Pueblo Serra, LLC (Pueblo) to plaintiffs’ petition for writ of mandate. The issue is whether defendants properly adopted a voter-sponsored initiative in compliance with Elections Code section 9214. We agree with the trial court that they did and affirm the judgment.

FACTS

Preliminarily, we note that all parties refer to what Pueblo describes as “the four-volume Record of Proceedings submitted by [plaintiffs].” In their appendix, plaintiffs included one page noting the record of proceedings was omitted but “will be transferred from [the trial court].” However, these documents were never designated nor were they provided to us. We will rely on statements in the briefs to the extent they contain information about which all parties agree. (See Davenport v. Blue Cross of California (1997) 52 Cal.App.4th 435, 444, fn. 4 [ 60 Cal.Rptr.2d 641 ].) Otherwise, we…

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