Flores v. Department of Transportation

Filed 3/23/22

CERTIFIED FOR PUBLICATION

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

SECOND APPELLATE DISTRICT

DIVISION EIGHT

ANGELA FLORES et al., B309918

Plaintiffs and Appellants, (Los Angeles County Super. Ct. No. 19STCP03681) v.

DEPARTMENT OF TRANSPORTATION,

Defendant and Respondent.

APPEAL from a judgment of the Superior Court of Los Angeles County. James C. Chalfant, Judge. Reversed and remanded. Christopher Sutton for Plaintiffs and Appellants. Erin E. Holbrook, Chief Counsel, Jerald M. Montoya, Deputy Chief Counsel, Erick Solares, Assistant Chief Counsel, Kirsten Bowman, Assistant Chief Counsel and Peter Ackeret, Deputy Attorney for Defendant and Respondent.

_________________________________

Angela Flores, Marysia Wojick, and Priscela Izquierdo (appellants) filed a petition for writ of mandate and/or injunctive relief compelling the Department of Transportation of the State of California (Caltrans) to sell them the homes they are renting at the original price paid by Caltrans when it purchased the properties to make way for the 710 Freeway. Under the version of Government Code section 54237.91 effective at the time of the decision in the trial court, the trial court held that Caltrans was permitted to sell the homes at the original price paid by Caltrans adjusted for inflation. The trial court therefore denied appellants’ petition. On appeal, the parties’ dispute centers on whether Caltrans may be compelled, through a writ of mandamus and injunctive relief, to sell appellants the homes at the original purchase price without adjusting for inflation. In July 2021, while this appeal was pending, the California Legislature amended section 54237.9 by adding a sentence precluding adjustment for inflation. (Gov. Code, § 54237.9, as amended by Stats. 2021, ch. 130 (S.B. 51), § 4.) The parties dispute whether the new version of section 54237.9 applies to this matter. Because this suit seeks a writ of mandamus and injunctive relief compelling Caltrans to sell the homes at a certain price, and thus prospective relief, California Supreme Court precedent establishes that we must apply the law current at the time of the decision in the Court of Appeal. Accordingly, we reverse and remand to the trial court to apply the current version of section 54237.9 to this matter.