1305 Ingraham, LLC v. City of L. A.

*645 *1255 This appeal concerns the development of a mixed-use commercial and affordable housing project at the intersection of 7th Street and Witmer Street in Los Angeles. Appellant 1305 Ingraham, LLC filed an administrative appeal challenging respondent City of Los Angeles's project permit compliance review. The City scheduled but never held a hearing on the appeal. A few days after the hearing date, the City approved the project; it filed and posted a notice of determination with the county clerk approximately one week later. Real party in interest/respondent 7th & Witmer, LP moved forward with the project.

Nine months later, appellant filed a petition for a writ of mandate in which it alleged that the project failed to comply with the California Environmental Quality Act (CEQA). In response to 7th & Witmer's demurrer based on CEQA's 30-day statute of limitations, appellant filed an amended petition abandoning its CEQA claim and alleging instead that the city's failure to hold a hearing on its appeal violated a Los Angeles Municipal Code provision requiring the Area Planning Commission to hold a hearing prior to deciding an appeal. 7th & Witmer and the city jointly demurred on…