behzad forat; Plaintiff, vs. CITY OF LOS ANGELES, et al.; Defendants.

Case No.: BS163322

Hearing Date: December 10, 2019

[TENTATIVE] RULING RE:

Defendants CITY OF LOS ANGELES AND LOS ANGELES CITY COUNCIL’s amended demurrer to the second, third, and fifth claims in the verified petition for writ of mandate and complaint

The Amended Demurrer to the Complaint of Defendants City of Los Angeles and Los Angeles City Council, is OVERRULED for the Second Cause of Action as it relates to the alleged $400,000 investments in experts and environmental review, and is SUSTAINED with leave to amend as it relates to the loss of the $30,000,000 sale opportunity; and SUSTAINED with leave to amend for the Third and Fifth Causes of Action.

Factual Background

This is a land use/takings and Brown Act action. The Verified Petition for Writ of Mandate and Complaint alleges as follows. Petitioners Behzad Forat and Studio City Car Wash (collectively, “Forat”) seek a writ of mandate to set aside and vacat