Ziburtovicz

DISCUSSION

To properly file a mandamus proceeding against a public agency, “[a]ppropriate entities must be named by the petitioner as parties. Any ‘recipient of an approval that is the subject of the action or proceeding’ must be named as a real party in interest and must be served within 20 days of service on the public agency and failure to serve may

2 result in dismissal under Code Civ. Proc. §389. [Pub. Resources Code, §21167.6.5 subd. (a)(d) effective January 1, 2003].” (Robie et al., Cal. Civil Practice: Environmental Litigation (2012) § 8:26.) Here, Petaluma Ecumenical Properties was a recipient of an approval that had to be named as a party. It applied to develop the site and then received approval of its proposed senior housing project from the planning commission and then confirmation of that approval from the city council. Nevertheless, Ziburtovicz contends the approval was only a “ ‘pre-approval,’ ” so Petaluma Ecumenical Properties “holds no [c]ontract, but just a [n]on[-][b]inding [a]greement.” He cites no law to support his position and nothing to refute the facts demonstrating Petaluma Ecumenical Properties received approval of its project. As such, it had to be…