Habitat Trust for Wildlife, Inc. v. City of Rancho Cucamonga

Opinion

MILLER, J.

Plaintiff, The Habitat Trust for Wildlife, Inc. (Habitat), appeals from a judgment in favor of defendants City of Rancho Cucamonga and city council of the City of Rancho Cucamonga (sometimes City Council otherwise, collectively City) on its petition for writ of mandate. By its petition Habitat sought to force City to set aside a resolution determining that Habitat is not a qualified conservation entity (QCE) and to enter a new resolution based upon substantial evidence and in compliance with California law. Habitat argues that the petition was wrongfully denied by the trial court because it employed the wrong standard of review, because City denied

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Habitat due process, because City’s criteria for determining what was a QCE were vague and uncertain and conflicted with federal and state law, and because City’s findings in support of its resolution were not supported by the evidence before it.

In a second, related case, plaintiffs Habitat and Spirit of the Sage Council, Inc. (Sage, collectively Habitat/Sage), appeal from a judgment entered in favor of defendants Henderson Creek Properties, LLC (Henderson), SPS Development Services, Inc. (SPS, collectively Henderson/SPS), Rancho 2004, LLC, Granite Homes of California, Inc., Granite Homes, Inc., Granite Construction Services, LP (collectively Granite), and County Service Area 70, Improvement Zone OS-1 (hereinafter sometimes, County) after their motions for summary judgment were granted. Habitat/Sage sought damages for breach of contract, breach of the covenant of good faith and fair dealing and constructive trust. They claim that the trial court erred in granting summary judgment because it exceeded its authority by invading the province of the trier of fact, made findings unsupported by fact or law, improperly struck most of their evidence, failed to consider reasonable inferences that supported a triable issue of material fact and failed to give effect to the contract’s savings clause. Habitat/Sage also challenge the judgment insofar as it was entered against them on Henderson’s cross-complaint for rescission.

In the third appeal Habitat/Sage challenge the postjudgment order awarding Henderson/SPS and Granite their attorney fees and costs. In their opening brief they expressly state that their challenge to these orders is based solely upon their claim that the underlying judgment should be reversed.