Garrison v. Board of Directors

YEGAN, J.

I respectfully dissent. The language and effect of the majority opinion defeat the carefully thought-out goal of a short statute of limitations. The Legislature has told groups how to file a California Environmental Quality Act (CEQA) challenge and what they must do to have standing. If the majority is correct, the liberal policy for amendment of pleadings may be used to defeat that legislative goal.

In sustaining the first demurrer, the trial court ruled that Garrison had no standing to bring a mandamus petition on behalf of himself or the general public. Garrison thereafter filed a first amended petition alleging that he was suing as a member of the Coalition for Acquifer Honesty (Coalition). Respondent again demurred and the trial court sustained the demurrer without leave to amend.

Garrison and the Coalition filed separate appeals. The Coalition abandoned the appeal and we dismissed it.

The judgment is now final as to the Coalition. That leaves Garrison. The majority say that Garrison is an “aggrieved party” and can appeal on behalf of the Coalition. This may be true in layman’s terms but not under the law. (Code Civ. Proc., § 902.) “An appellant must show prejudicial error affecting his or her interest in order to prevail on appeal. [Citation.] An appellant cannot urge error which affect only another party who does not appeal. [Citations.]” (In re Vanessa Z. (1994) 23 Cal.App.4th 258, 261 [28 Cal.Rptr.2d 313]; see also Rebney v. Wells Fargo Bank (1990) 220 Cal.App.3d 1117, 1128 [269 Cal.Rptr. 844].)

The majority hold that Garrison may reinstate the lawsuit even though he lacks standing to sue as an individual. Not so. The action is time barred. Public Resources Code section 21177, subdivision (b) contains a short 30-day statute of limitations, and for good reason. Time marches on and so do projects that may or may not affect the environment.

Although the project has been completed, the majority have revived the CEQA action. This is not what the Legislature had in mind. In the event the negative declaration is overturned by the superior court, how does one “save the environment” from a project that has already been built?

The decision to allow an amendment of the pleadings rests in the sound discretion of the trial court. Without expressly stating so, the majority hold *1680that the trial court abused its discretion as a matter of law. The majority rely on the relation-back doctrine, which traditionally has been utilized by plaintiffs to substitute a newly discovered defendant as a fictitious “Doe” defendant. (Code Civ. Proc., § 474; Austin v. Massachusetts Bonding & Insurance Co. (1961) 56 Cal.2d 596, 602-603 [15 Cal.Rptr. 817, 364 P.2d 681].) The majority also cite Witkin, who has collected the cases that have allowed amendments changing a plaintiff. (5 Witkin, Cal. Procedure (3d ed. 1985) Pleading, § 1150, pp. 567-568.) However, none of those cases hold that a new plaintiff can be added after the statute of limitations has run.

The majority in one stroke have changed the law as to who is an “aggrieved party,” expanded the relation-back doctrine to give plaintiffs with no standing the right to sue, and have undercut the letter and spirit of the 30-day statute of limitations for CEQA actions. The trial court had it right the first time. Garrison may not use the Coalition as his alter ego to revive the action. I would affirm.

A petition for a rehearing was denied August 16, 1995.