Templeton Action Committee v. County of San Luis Obispo

Plaintiff seeks to set aside San Luis Obispo County’s decision to allow a development. Here we decide, among other things, that the developer, an indispensable party, may assert the statute of limitations even though it did not comply with Business and Professions Code section 17900, the so-called fictitious name statute. A rule designed for one purpose is not necessarily a rule designed for other purposes. From this it follows that a penalty for one purpose is not necessarily a penalty for other purposes.

Government Code section 66499.37 requires a party seeking to attack an appeal board’s or legislative body’s decision concerning a subdivision to commence a proceeding and serve the summons within 90 days of the decision. Appellant filed a petition for mandate and administrative mandate attacking the county’s decision approving a subdivision application, but failed to serve the real party in interest within 90 days. The trial court sustained the county’s and real party in interest’s demurrers without leave to amend. We affirm the ensuing judgment.

FACTS

On January 25, 2011, San Luis Obispo County Board of Supervisors (County) approved on appeal an application for a…