Creed-21
Creed-21 v. City of Wildomar
Opinion
lead Opinion
Miller, J.
*692 Plaintiff and Appellant Creed-21 appeals from the dismissal of its petition for writ of mandate and complaint for declaratory and injunctive relief under the California Environmental Quality Act (Petition). The trial court imposed an issue sanction on standing, which terminated the action, for the misuse of the discovery process in response to a motion for sanctions pursuant to Code of Civil Procedure section 2023.030 1 filed by real party in interest and respondent Wal-Mart Real Estate Business Trust (Wal-Mart). We conclude the trial court did not abuse its discretion in imposing the terminating sanction.
FACTUAL AND PROCEDURAL HISTORY
A. PROCEDURAL HISTORY
1. COMPLAINT
On April 8, 2015, Creed-21, represented by the Briggs Law Corporation, specifically attorney Anthony Kim, filed its Petition. Creed-21 alleged it was a non-profit, social-advocacy organization formed and operating under the laws of California and that at least one member resided in or near defendant and respondent City of Wildomar (City).
The project being challenged was a 185,682 square foot Walmart retail complex (the Project) located in the City. On March 11, 2015, the City's council approved the…