Appellate Court Holds That Mandatory Relief Is Unavailable Because Of Record Error

Amanda Monchamp is a partner and Genna Yarkin is an attorney in Holland & Knight's San Francisco office

Trial Court Ruled on Partial Record After Party Failed to Lodge Full Administrative Record in CEQA Case

HIGHLIGHTS:

• In The Urban Wildlands Group, Inc. v. City of Los Angeles et al., the California Court of Appeal, Second Appellate District, reversed an order by the Superior Court of Los Angeles County, holding that the trial court incorrectly granted relief from an attorney's error under Code of Civil Procedure section 473(b). The Court of Appeal explained that relief is unavailable for a party who fails to lodge the full administrative record with the court, causing the trial court to decide the case using record excerpts submitted by the City. The court used a narrow reading of section 473(b), which specifically applies only to a "default judgment" or "dismissal," in refusing to vacate the trial court's ruling.