Citrus St Partners LLC vs City of Lemon Grove

Case No.: 37-2019-00064690-CU-MC-CTL    

TENTATIVE RULING: Petitioner's Petition for Writ of Mandate is DENIED. Petitioner CITRUS ST PARTNERS, LLC ("Petitioner") seeks a writ of mandate as to Respondents City of Lemon Grove and City Council of Lemon Grove's ("City") denial of Petitioner's conditional use permit ("CUP") application. Petitioner seeks relief under CCP section 1094.5, based on an asserted prejudicial abuse of discretion. "[W]hile mandamus is not available to control the discretion exercised by a public official or board, it is available to correct an abuse of discretion by such party." (Barnes v. Wong (1995) 33 Cal.App.4th 390, 395.) "Abuse of discretion is established if the respondent has not proceeded in the manner required by law, the order or decision is not supported by the findings, or the findings are not supported by the evidence." (Code Civ. Proc., § 1094.5(b).) "[A]buse of discretion is established if the court determines that the findings are not supported by substantial evidence in the light of........