Christ

BACKGROUND

We draw the following facts from the allegations of the second amended writ petition and judicially noticed matters.

1 Undesignated statutory references are to the Code of Civil Procedure.

2 Plaintiff owned approximately 50 acres of land in Nevada County, and the County agreed to purchase approximately 21 of those acres. The agreement required plaintiff to remediate a sinkhole and complete an access road to the County’s adjoining land. Cal Fire was the state department authorized to enforce the Z’berg-Nejedly Forest Practice Act of 1973 (Pub. Resources Code, §§ 4511 et seq.) (Forest Practice Act). It oversaw timber operations. Plaintiff informed Cal Fire of the work to be done under the agreement with Nevada County before he began the work. Nevertheless, a Cal Fire inspector informed plaintiff there were alleged violations of the Forest Practice Act. The inspector found that plaintiff failed to obtain a “three acre subdivision exemption.” Cal Fire served an administrative complaint against plaintiff on July 29, 2010, alleging that plaintiff cut down 10 to 15 trees in the course of constructing the road without first obtaining an exemption for subdivision development…