Las Tunas Beach Geologic Hazard Abatement District v. Superior Court

Petitioners Las Tunas Beach Geologic Hazard Abatement District and the board of directors thereof (the District) seek a writ of mandate directing the trial court to vacate its order denying the District’s motion for summary judgment and to enter instead an order granting the motion.

The essential issue is whether real party in interest City of Malibu (the City) was entitled in the resolution forming the District to reserve the right to dissolve the District, and whether the City thereafter could order dissolution of the District pursuant to that condition of formation.

Because the Cortese-Knox Local Government Reorganization Act of 1985 (Cortese-Knox) (Gov. Code, § 56000 et seq.) prescribes the exclusive procedure for dissolution of a geologic hazard abatement district (GHAD), the condition purporting to reserve to the City the right to order dissolution of the District is unenforceable. The petition therefore is granted.

Factual and Procedural Background

In a prior action (the Ticor action), the state sued individual owners of property at Las Tunas Beach, Ticor, which sold lots to the owner parties, and several insurance carriers which insured title to the…