Lake Almanor Associates L.P. v. Huffman-Broadway Group, Inc.

A developer submits a development application to a county, and the county hires a consultant to prepare an environmental impact report (EIR). In this appeal, we address a question of first impression: Is the consultant liable to the developer for damages due to the consultant’s failure to prepare the EIR in a timely fashion? The trial court answered this question in the negative and sustained the consultant’s demurrer to the developer’s action alleging breach of contract and negligence. We agree and affirm.

BACKGROUND

Plaintiff and appellant developer Lake Almanor Associates L.P. (appellant) submitted a project application to the County of Plumas (County) for a proposed 1,392-acre development called the “Lakefront at Walker Ranch Project,” a mixed land use development to consist of 1,032 residential units, commercial and open space, a golf course, and other amenities. A complete, revised development application was submitted to the County in April 2005. Under the California Environmental Quality Act (CEQA) (Pub. Resources Code, § 21000 et seq.), the County was required to prepare an EIR regarding the potential significant environmental impacts of the proposed project.…