Ponderosa Homes, Inc. v. City of San Ramon

Good Law
1994 Cal. App. LEXIS 319·23 Cal. App. 4th 1761·29 Cal. Rptr. 2d 26·94 Daily Journal DAR 4864·94 Cal. Daily Op. Serv. 2587
Court of Appeal of CaliforniaApril 8, 1994A060955California3,943 words

Opinion

Opinion

Merrill, J.

Ponderosa Homes, Inc. (Ponderosa), appeals from a judgment in favor of respondents, the City of San Ramon (the City) and the San Ramon City Council (the City Council), entered upon the granting of respondents’ motion for judgment on the pleadings. The issues raised on the motion and on this appeal are the date upon which the applicable statute of limitations commenced running, and which statute of limitations is applicable to each cause of action. Ponderosa contends that no statute of limitations had run, and therefore the trial court erred in granting the motion for judgment on the pleadings. We disagree and therefore affirm the judgment.

I. Factual and Procedural Background

The following facts are taken from the pleadings and the stipulation of agreed facts submitted by the parties.

On April 26, 1988, the City Council granted Ponderosa tentative subdivision map approval for a 452-unit residential development. In connection with this tentative subdivision map approval, the City imposed a number of conditions. As relevant to this case, these conditions included (1) a requirement that Ponderosa improve and widen Dougherty Road, with City reimbursement through “Traffic…

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