Otay Ranch, L.People v. County of San Diego

INTRODUCTION

The primary issue in this appeal is whether, after a voluntary dismissal of a petition for writ of mandate, the trial court erred by allowing the County of San Diego (the County) to recover actual labor costs incurred for an attorney and paralegals to prepare an administrative record. Finding no error, we affirm the order and judgment.

Preliminarily, however, we dismiss the appeals of The Otay Ranch, L.P. (Otay Ranch), a cancelled limited partnership, and Sky Communities, Inc. (Sky Communities), a suspended corporation, for lack of capacity. We deny the motion to dismiss the appeal of the remaining appellant, Sky Vista, Inc. (Sky Vista), which is an active corporation.

FACTUAL AND PROCEDURAL BACKGROUND

A

The County approved a “Remedial Action Plan” (RAP) for a remediation project at the former Otay Skeet and Trap Shooting Range (Project) in Chula Vista, California, and adopted a “Final Mitigated Negative Declaration” (MND) on September 12, 2012. The Project involved “investigation and remediation of surface and subsurface areas impacted from historic shooting range activities” and included “remediation of soil impacted by lead and polynuclear aromatic…