Sharon Loveys v. City of Rancho Palos Verdes, et al., BS174859

Tentative decision on demurrer: sustained without leave

Real Party-in-Interest Green Hills Memorial Park (“Green Hills”) and Respondents City of Rancho Palos Verdes and the City Council of Rancho Palos Verdes (collectively, “City”) demur to the First Amended Petition (“FAP”) filed by Petitioner Sharon Loveys (“Loveys”).

The court has read and considered the moving papers, opposition, and reply, and renders the following tentative decision.

A. Statement of the Case

1. Petition

Plaintiff Loveys commenced this proceeding on August 31, 2018. The operative pleading is the FAP filed on May 14, 2018, which alleges causes of action for mandamus, violations of CEQA, and declaratory relief to overturn the issuance of grading permit No. PLGR2018-0008 (“Grading Permit”). The FAP alleges in pertinent as follows.

In 1991, Respondent City adopted a Green Hills Memorial Cemetery Master Plan (“Master Plan”) as part of a conditional u