Jensen v. County of Santa Clara CA6
Plaintiffs Cheriel Jensen and Healthy Alternatives 2 Pesticides filed a petition for writ of mandate and injunctive relief against defendants County of Santa Clara and the Santa Clara County Vector Control District (collectively, defendants), which alleged that defendants’ mosquito control operations (including pesticide fogging) violate the California Environmental Quality Act (CEQA; Pub. Res. Code, § 21000 et seq.) and Health and Safety Code section 2053. Plaintiffs argue the trial court erred by sustaining a demurrer to their second amended petition because their CEQA cause of action was timely and they adequately stated a cause of action for a violation of Health and Safety Code section 2053. Plaintiffs also argue that they should be allowed leave to amend to allege new causes of action. For the reasons stated here, we will affirm the judgment.
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