Wagner

Appellants Richard Wagner, trustee of the Romaric Trust, and Robert Wagner, trustee of the Wagner Family Trust (appellants) appeal from a judgment entered after the trial court granted summary judgment in favor of respondent City of South Pasadena (City) and real party in interest Landmark Theatre Corporation (Landmark). We affirm.

Contentions

Appellants contend that: (1) their petition for writ of administrative mandamus was timely served in accordance with the applicable statutes; or, alternatively (2) appellants substantially complied with the service requirements of Code of Civil Procedure section 415.30.

Facts and Procedural Background

In January 1998, the Planning Commission of the City (Planning Commission) approved a conditional use permit (CUP) for the remodeling of the Rialto Theatre from a single-screen theater to a five-screen theater. Appellants owned property adjacent to the Rialto Theatre and appealed the Planning Commission’s decision to the city council. On April 1, 1998, the city council adopted a resolution affirming the Planning Commission’s decision to grant the CUP (the Resolution).

On June 30, 1998, 90 days after the adoption of the Resolution,…