MAGINN

Introduction

Plaintiffs Christine A. Maginn and the Maginn Revocable Living Trust sued defendant the City of Glendale for inverse condemnation and violation of due process and equal protection, after the city council denied plaintiffs’ application for a tentative parcel map to subdivide real property for the purpose of building a home on the proposed second lot. The trial court dismissed the case after sustaining defendant’s demurrer on statute of limitations grounds. We affirm.

Government Code section 66499.37 provides that any action or proceeding to review a decision concerning a subdivision must be “commenced and service of summons effected within 90 days after the date of such decision.” (Italics added.) We hold that although the superior court clerk erred in refusing to issue summons on the 90th day on the ground the complaint was not accompanied by a civil cáse cover sheet, that error was cured on the 91st day, and plaintiffs’ subsequent failure to serve the summons until the 93d day was not excusable.

Background

Legal

“Any action or proceeding to attack, review, set aside, void or annul the decision of . . . [a] legislative body concerning a subdivision . . .…