Greenberg v. City of LaCanada Flintridge
Appellants Michael and Maria Greenberg own real property with a fence, wall and gate structure that is the subject of a conditional modification permit from the City of La Caada Flintridge (the City). The Greenbergs unsuccessfully appealed to the City Council a condition which limited the height of the wall to six feet. They then filed a petition for a writ of mandate in superior court but failed to serve the City within the 90 day statutorily prescribed time period. (Gov. Code, 65009, subd. (c)(1).) The trial court sustained the Citys demurrer, dismissed the complaint without leave to amend and then denied the Greenbergs motion for relief under Code of Civil Procedure section 473. Contrary to the Greenbergs contentions, (1) the trial court properly denied them leave to amend their petition, (2) the City is not estopped from asserting the 90 day statute of limitations for service, and (3) the Greenbergs are not entitled to relief under Code of Civil Procedure section 473 for counsels failure to properly serve summons on the City as required by section 65009.
The judgment is affirmed.
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