Simonelli v. City of Carmel-By-the-Sea CA6
Appellant Jacqueline C. Simonelli appeals from a judgment dismissing her action challenging the approval by respondent City of Carmel-by-the-Sea (the City) of respondent Pot D’Oro’s application for a permit to develop a vacant lot adjacent to Simonelli’s real property. The superior court dismissed the action after it sustained the City’s demurrer without leave to amend. The demurrer was sustained on the ground that Simonelli had failed to serve her action within the 90-day period set forth in Government Code section 65009, subdivision (c)(1)(E). We conclude that the demurrer was properly sustained without leave to amend because section 65009, subdivision (c)(1)(E) applies here, and Simonelli failed to timely serve her action on the City.
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