Nihar Desai v. City of Los Angeles

MEMORANDUM

Plaintiff Nihar Desai appeals the district court’s judgment and denial of administrative mandamus in an action related to the classification of his hotel under Los Ange-les’s Residential Hotel Unit Conversion and Demolition Ordinance (“Ordinance”). L.A. Mun.Code §§ 47.70-47.89. We affirm.

The district court correctly concluded that Plaintiffs challenge to the designation of the hotel itself as a residential hotel was time-barred. A petition for writ of mandate challenging a local agency decision must be filed within ninety days of the date the decision becomes final. Cal.Code Civ. Proc. § 1094.6(b). The Los Angeles Housing Department (“LAHD”) notified Plaintiff of the residential-hotel determination in September 2008, and the determination became final two months later when Plaintiff failed to appeal. See id. Plaintiff thus had until February 2009 to seek a writ of mandate, but he did not do so until November 2010. His challenge was therefore time-barred. Plaintiffs counter-arguments are without merit.

Plaintiffs procedural due process claim fails because LAHD was not required to hold a hearing prior to its initial determinations or to bear the burden of proof in any…