Trial court's judgment dismissing plaintiff's petition for writ of mandate and complaint against the City of Los Angeles (city) involving city's termination of its environmental review and rejection of a proposed development project is affirmed where: 1) the pleading fails to adequately allege due process and equal protection violations; 2) the sustaining of the demurrer was proper; and 3) plaintiff cannot seek leave to amend for the first time on appeal having expressly declined an opportunity to amend its pleading in the trial court.
Filed September 17, 2009
Opinion by Judge Croskey
For Appellant: Akin Gump Strauss Hauer & Feld, Carlyle W. Hall, Jr., John A. Karaczynski, Edward P. Lazarus, Andrew Oelz; Alston & Bird, Steven W. Weston, Nicki Carlsen, Neal P. Maguire and Rebecca S. Harrington
For Appelle: Rockard J. Delgadillo, City Attorney, Susan D. Pfann, Assistant City Attorney, Meyers, Nave, Riback, Silver & Wilson, Amrit S. Kulkarni and Julia L. Bond