TORREY HILLS COMMUNITY COALITION v. City of San Diego

Torrey Hills Community Coalition (Torrey Hills) appeals a judgment dismissing its petition for writ of mandate challenging the City of San Diego’s (the City) approval of a development project by real parties in interest Westbrook Torrey Hills, L.P., AME Torrey View, LLC, and Pacific Centre Carmel Valley, LLC (collectively Westbrook). The trial court found Torrey Hills (1) violated Government Code section 66499.37, which applies to claims made under the Subdivision Map Act (SMA) (Gov. Code, § 66410 et seq.), by not serving a summons within 90 days of the City’s approval of the project; and (2) violated Public Resources Code section 21167.4, subdivision (a), by not filing a written request for a hearing within 90 days of the filing of the writ petition on claims brought under the California Environmental Quality Act (CEQA) (Pub. Resources Code, § 21000 et seq.). As to the first issue, Torrey Hills contends the 90-day period was tolled under Code of Civil Procedure section 583.240, subdivision (d) for impossibility. As to the second issue, Torrey Hills contends the court misinterpreted Public Resources Code section 21167.4, subdivision (a) to require a written request, and…