3. CV62247 John S. Lupo v. Tuolumne County Board of Supervisors, et al.
Motion: Motion to Dismiss Petition for Writ of Administrative Mandate Moving party: Respondent Tuolumne County Board of Supervisors and Its Members Motion filed: June 24, 2019
Tentative ruling: The motion is GRANTED.
Analysis
Petitioner concedes that he did not personally serve Respondent with a copy of the petition within the 90-day deadline set by Government Code section 65009, subdivision (c)(1). Even if a petition is timely filed under section 65009, subdivision (c), the petition must be dismissed if it is not personally served as required by statute. (Royalty Carpet Mills, Inc. v. City of Irvine (2005) 125 Cal.App.4th 1110, 1119.)
Pleading: Petition for Writ of Administrative Mandate
Petitioner: John S. Lupo
Petition filed: March 20, 2019 (hearing continued from August 6, 2019) Petition hearings are not governed by local rule 3.11 [see footnote below] regarding tentative rulings.
Accordingly, the foll