Nacimiento Regional Water Management Advisory Committee v. Monterey County Water Resources Agency

The question presented on appeal is whether a trial court must grant relief from a dismissal entered for failing to request a hearing on the merits in a California Environmental Quality Act (CEQA) case when the failure was caused by an attorney’s inexcusable mistake or neglect. (Code Civ. Proc., § 473, subd. (b) (section 473(b)); Pub. Resources Code, § 21167.4, subd (a) (section 21167.4(a)).) The superior court concluded that relief is unavailable under these circumstances. We agree with the superior court and affirm the judgment.

FACTS

Plaintiff Nacimiento Regional Water Management Advisory Committee (NRWMAC) is a nonprofit corporation representing property owners residing near Lake Nacimiento in San Luis Obispo County. Defendant Monterey County Water Resources Agency (Water Resources Agency) manages water resources for Monterey County. On June 4, 2002, the Water Resources Agency certified an environmental impact report (EIR), prepared pursuant to CEQA, for the Salinas Valley Water Project (Project). (Pub. Resources Code, § 21000 et seq.) The Project proposes modifications at Lake Nacimiento. NRWMAC alleges that the Project will damage the lake and surrounding area,…