Yuba St. Developers v. Dept. of Transp.
Yuba Street Developers, LLC (Developers), appeals the judgment dismissing it with prejudice as a petitioner and plaintiff in an action brought under the California Environmental Quality Act (CEQA) (Pub. Resources Code, 21000 et seq.), after the trial court sustained the Department of Transportations (Caltrans) demurrer to the second amended petition for writ of mandate and complaint on the ground that the action by Developers was barred by the statute of limitations. Developers contends the trial court erred in ruling the second amended petition and complaint did not relate back to the original petition filed by Yuba Street Ventures, LLC (Ventures). Developers also contends the trial court erred in denying leave to amend the petition to add an after-formed organization under Public Resources Code section 21177, subdivision (c). Court agree with Developerss first contention, but conclude as to the second contention, Developers has not shown any abuse of discretion by the trial court in denying its request for leave to amend. Court reverse the judgment of the trial court with directions to enter a new order overruling Caltranss demurrer to the second amended petition for writ of mandate and complaint.
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