Brown v. Capital Asset Partners CA2/2

California Court of Appeal Jan 17, 2024 No. B321763Unpublished

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Holding. The court held that the plaintiffs' claims for declaratory relief were properly dismissed because the underlying subdivision application had been rejected, rendering the controversy moot and the requested relief purely advisory. Furthermore, the court held that the claims against the City were barred by the plaintiffs' failure to exhaust administrative remedies.

Issues

Whether an actual controversy exists for declaratory relief when the challenged subdivision application has been rejected by the City.
Whether the trial court properly sustained the City's demurrer based on the failure to exhaust administrative remedies.
Whether the trial court abused its discretion in denying leave to amend the complaint.

Disposition. Affirmed

Quotations verified verbatim against the opinion

“Here, there is no actual controversy requiring a judicial declaration on Esfandiary’s 2019 application because judicially noticed facts show the application was rejected by the City.”

“With the 2019 application rejected, there is no need for the court to determine whether res judicata applies or whether the City has jurisdiction.”

“The Browns’ failure to plead exhaustion of remedies in the proceedings on the 2019 application demonstrates the trial court lacked jurisdiction to grant relief.”

Filed 1/17/24 Brown v. Capital Asset Partners CA2/2 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

SECOND APPELLATE DISTRICT

DIVISION TWO

ROBERT A. BROWN et al., B321763

Plaintiffs and Appellants, (Los Angeles County Super. Ct. No. 21STCV14819) v.

CAPITAL ASSET PARTNERS et al.,

Defendants and Respondents.

APPEAL from an order of the Superior Court of Los Angeles County, Upinder S. Kalra and Yolanda Orozco, Judges. Affirmed. Law Offices of Robert A. Brown and Robert A. Brown for Plaintiffs and Appellants. Counts Law Firm, Emahn Counts and Dina Adham for Defendants and Respondents Esfandiary, LLC, and Capital Asset Partners, LLC.

Hydee Feldstein Soto, City Attorney, Denise C. Mills, Chief Deputy City Attorney, John Heath, Terry P. Kaufmann-Macias, Adrienne S. Khorasanee, Assistant City Attorneys, and Oscar Medellin, Deputy City Attorney, for Defendant and Respondent City of Los Angeles.

******

Appellants Robert Brown and Susana Brown (the Browns) challenge the judgment of dismissal entered after the demurrer of Esfandiary, LLC, and Capital Asset Partners, LLC (collectively Esfandiary), and the separate demurrer of City of Los Angeles (the City) were sustained without leave to amend. We find the Browns’ claims for declaratory relief do not plead the existence of an actual controversy related to Esfandiary’s 2019 application to subdivide the property because judicially noticed facts show the application had already been rejected by the City. Thus, we affirm.

BACKGROUND The Browns possess a road easement on Esfandiary’s property. Esfandiary applied twice to subdivide its property— first in 2016 and then in 2019. The City initially approved the 2016 application, but later reversed its decision because the proposed subdivision would infringe on the Browns’ road easement. Esfandiary submitted a revised plan in its 2019 application. However, before the City could make a decision, the Browns filed their civil complaint on April 19, 2021. In the complaint, the Browns sought two declarations: (1) that res judicata bars Esfandiary from carrying out the construction

Brown v. Capital Asset Partners CA2/2

AI Brief

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

SECOND APPELLATE DISTRICT

DIVISION TWO

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