Tarbet

Tarbet v. East Bay Municipal Utility Dist.

Good Law
Court of Appeal of CaliforniaApril 29, 2015A140755California5,161 words

Opinion

Opinion

Dondero, J.

INTRODUCTION

Plaintiff Gregory Tarbet appeals from a judgment denying his petition for writ of mandate and dismissing his complaint. Plaintiff sued the East Bay Municipal Utility District (District) after it refused to provide water service to his property without the grant of an easement. He claimed the District should be required to comply with a water service provision contained in a previously approved and recorded final parcel map, which did not include the District’s proposed easement. The trial court denied his petition for writ of mandate and sustained the District’s demurrer to the complaint without leave to amend. We affirm.

1 Plaintiff states in his opening brief that he appeals the dismissal of the remaining causes of action following the denial of the writ of mandate. He advances no distinct arguments concerning the merits of those causes of action. Accordingly, our disposition applies to the entire action.

FACTUAL BACKGROUND AND PROCEDURAL HISTORY

Plaintiff owns the property at 21603 Banyan Street in Hayward. In 2005, the former owners started the process of subdividing a lot into three separate residential lots, one of which is plaintiff’s property. In that…

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